HomeMy WebLinkAbout950178.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE MAINTENANCE OF
CERTAIN ROADS IN OR ADJACENT TO THE TOWN OF PLATTEVILLE AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for the
Maintenance of Certain Roads in or adjacent to the Town of Platteville between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and
the Town of Platteville, commencing January 1, 1995, and ending December 31, 1995, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for the Maintenance of Certain Roads
in or adjacent to the Town of Platteville between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Town of Platteville be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of January, A.D., 1995, nunc pro tunc January 1, 1995.
BOARD OF COUNTY COMMISSIONERS
0%' '
ELDOUNTY��DO
ATTEST: _r
>7 Dale K. Hall, Chairman
Weld County Clerk to the Board
FXC11SFI) IIATF nF SIr,NINf (AYF).
Barba . Kirkmeyer, ro-Tem
BY: .1 17 4 tii yy
Deputy Clerk to the Board c - ✓•,�"
George tBaxter
AP EDASTOFO ( /" , t✓ , �,�
Constance L. Harbert
1
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ounty At orne / C L,L H .
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W. H. Webster
950178
EG0033
( c : PLY; ILC//Cc i t lrE ) 09
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INTERGOVERNMENTAL AGREEMENT GLEN
FOR THE MAINTENANCE OF CERTAIN ROADS ` _ ,
IN OR ADJACENT TO THE TOWN OF
PLATTEVILLE, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this /it day of
Chen,, /z , 1995, by and between the TOWN OF PLATTEVILLE, COLORADO,
hegeinafter refelfed to as "Platteville",with its principal office located at 411 Goodrich Avenue, P.O.
Box 70, Platteville, Colorado 80651, and the COUNTY OF WELD, COLORADO, by and through
the Board of County Commissioners of Weld County,Colorado,hereinafter referred to as "County",
with its offices located at 915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, Weld County Road 34, extending east from U.S. Highway 85 for
approximately 1,073 feet, is located entirely within the municipal boundaries of Platteville, and
WHEREAS, Weld County Road 32.5, between WCR 25 and Buckner Street (WCR 23.75),
is located entirely within the jurisdictional boundaries of County, and
WHEREAS, such roads must be maintained on a regular basis by the jurisdiction in which
they are located, and
WHEREAS, Platteville and County now desire to enter into an agreement whereby the
maintenance of such roads is addressed to the satisfaction of both governments.
NOW, therefore, in consideration of the mutual promises andcovenants contained herein,
the parties hereto agree as follows:
1. TERM: The term of this Intergovernmental Agreement shall be for one year from
the date first written above,with automatic renewal for succeeding one year periods
thereafter, unless either or both of the parties desire(s) to terminate sooner. Except
for termination by mutual consent,either party may terminate this Intergovernmental
Agreement by providing to the other party written notice of such termination at least
30 days prior to the date of termination stated in the notice.
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950178
2. MAINTENANCE OF WCR 34. EXTENDING EAST FROM U.S. HIGHWAY 85
FOR APPROXIMATELY 1.073 FEET: County will, at its sole cost and expense,
maintain WCR 34, extending east from U.S. Highway 85 for approximately 1,073
feet. The term "maintenance" includes and is limited to blading, snow removal, and
minor gravel replacement. "Maintenance" specifically does not include any work on
the railroad crossing or the placement or replacement of culverts (or other drainage
mechanisms) and road signs.
3. MAINTENANCE OF WCR 32.5.BETWEEN WCR 25 AND BUCKNER STREET
(WCR 23.75): Platteville will, at its sole cost and expense, maintain WCR 32.5,
between WCR 25 and Buckner Street (WCR 23.75). The term "maintenance"
includes and is limited to blading, snow removal, and minor gravel replacement.
"Maintenance" specifically does not include the placement or replacement of culverts
(or other drainage mechanisms) and road signs.
4. ENTIRE AGREEMENT /MODIFICATION: This Agreement contains the entire
agreement and understanding between the parties to this Agreement and supersedes
any other agreements concerning the subject matter of this transaction, whether oral
or written. No modification, amendment, novation, renewal, or other alteration of
or to this Agreement shall be deemed valid or of any force or effect whatsoever,
unless stated in a writing duly signed by both of the undersigned parties.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood
and agreed that enforcement of the terms and conditions of this Agreement, and all
rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties, and nothing contained in this Agreement shall give or allow any
claim or right of action whatsoever by any other person or entity not included in this
Agreement. It is the express intention of the undersigned parties that any person or
entity other than the undersigned parties receiving services or benefits under this
Intergovernmental Agreement shall be deemed an incidental beneficiary only.
6. INDEMNIFICATION: To the extent authorized by law, each party agrees to
indemnify, save, defend, and hold harmless the other from any and all liability
incurred as a result of acts, omissions, or failures to act by Platteville or County, as
appropriate, in its performance of the maintenance duties set forth in paragraphs 2
and 3 of this Intergovernmental Agreement. The term "liability" includes, but is not
limited to, any and all claims,damages, and court awards, including costs, expenses,
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and attorney's fees inclurred as a result of any act or omission by County and its
employees.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the date first
written above.
ATTEST: TOWN OF PLATTEVILLE
BY: ItAl2,41., - }1�ToClerk ary omy k ayor
ATTES ��� COUNTY WELD, STATE OF
� COLORADO, BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD: OF WELD COUNTY
BY: BY:jThaela_
Deputy Clerk � Dale Hall, Chairman °O& fig
putts
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