HomeMy WebLinkAbout20252697.tiffResolution
Approve Right -of -Entry Agreement for Formerly Used Defense Sites Program at
Former F.E. Warren Air Force Base, Atlas 'E' Missile Site #12, and Authorize Chair
to Sign — U.S. Department of the Army, Army Corps of Engineers
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rude Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Right -of -Entry Agreement for the
Formerly Used Defense Sites Program at the Former F.E. Warren Air Force Base,
Atlas 'E' Missile Site #12, between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Facilities
Department, and the U.S. Department of the Army, Army Corps of Engineers,
commencing upon full execution of signatures, and ending July 12, 2030, 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 Right -of -Entry Agreement for the Formerly Used Defense Sites
Program at the Former F.E. Warren Air Force Base, Atlas 'E' Missile Site #12, between
the Courtly of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Facilities Department, and the
U.S. Department of the Army, Army Corps of Engineers, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 29th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest
Esther E. Gesick, Clerk to the Board
me C3co(Po/Ms),
CACPB I KM)
1O \ act \As"
2025-2697
BG0027
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT
1616 CAPITOL AVENUE
OMAHA, NE 68102-4901
July 14, 2025
Real Estate Division
Weld County
Attn: Toby Taylor
P.O. Box 758
Greeley, CO 80632
Dear Sir/Ma'am:
The U.S. Army Corps of Engineers (USACE) has identified the property you own as
located on or near the former F.E. Warren AFB, Missile Site #12. The Formerly Used Defense
Sites Program (FUDS) was established to identify and remedy properties such as yours, where
past Department of Defense (DoD) activities may have contributed to a release. Past DoD
activities may have contributed to a contaminated condition that could present a risk to human
health and/or the environment. The USACE is seeking access to respond to the potential
condition of your property in accordance with applicable laws and regulations. General
information on the FUDS program is also available at htto://www.fuds.mil.
We request your permission to enter the property for a period sufficient to complete the
necessary work as described in the attached Right -of -Entry agreement, generally anticipated to
be between 13 July 2025 and 12 July 2030 to determine if any contamination for execution by
the FUDS Program is present on your property. Currently, we are not able to specify the exact
dates for performing work due to the unpredictable nature of the weather and other factors.
However, we will notify you at least 10 days prior to commencing on -site activities. If you decide
to grant permission, please sign, and return the enclosed Right -of -Entry form in the envelope
provided.
If you have any questions regarding the investigation, please contact the Project Manager,
Christina Etzrodt at (402) 995-2514 or by e-mail at christina.l.etzrodt(a?usace.armv.mil. Any
questions concerning the document, please contact Erica Inlavong, Realty Specialist, at (402)
430-1470 or email at erica.inlavonglEusace.armv.mil. Thank you in advance for your
cooperation.
Enclosures
Sincerely,
OTTERSON.JESSE.12 agx$Iy4gnedby
OTTERSON JESSE.1287044417
87044417 Date: 2025.07.14 13,8:41 -05'00'
JESSE E. OTTERSON
Chief, Special Project and Support Branch
Real Estate Contracting Officer
2025-2697
9/7.9 8C -)b021
DACA45-9-25-00106
DEPARTMENT OF THE ARMY
RIGHT -OF -ENTRY
FOR
FORMERLY USED DEFENSE SITES PROGRAM
FORMER F.E. WARREN AFB, ATLAS "E"
Missile Site # 12
Windsor, Weld County, Colorado
Weld County
Attn: Toby Taylor
P.O. Box 758
Greeley, CO 80632
Parcel: 095702000005
The undersigned, hereby grant[s] to the Department of the Army, its employees, contractors, and
subcontractors, a Right -of -Entry on the property located in the State of Colorado, County of Weld, and
described as:
shown on the attached map referred to as EXHIBIT "A", and identified as Parcel Number
095702000005, in the Weld County Assessor's Office.
1. This Right -of -Entry is granted upon the following terms and conditions:
This Right -of -Entry may be exercised only for the purposes of:
Remedial activities related to the clean-up, and further investigation, of groundwater
contamination. Pertinent activities may include well drilling, installation or abandonment, operation of
groundwater injection and/or extraction systems, construction of above or below grade groundwater
treatment systems, heavy equipment operations, storing equipment and supplies, groundwater and/or soil
sampling, and site inspections. All proposed activities will be coordinated with the Owner 10 days prior
to start of work.
2. This Right -of -Entry may be exercised at any time after 13 July 2025 and is anticipated to end
on or around 12 July 2030 but may be exercised until the work described above is complete.
3. This Right -of -Entry does not grant any right to enter any structure or building located on the
property described above.
4. If any action of the Government's employees or agents in the exercise of this Right -of -Entry
result in damage to the real property, the Government will, at its sole discretion, either repair such
damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement
exceed the fair market value of the fee interest of the real property at the time immediately preceding such
damage. The Government's liability under this clause is subject to the availability of appropriations for
such payment and nothing contained in this agreement may be considered as implying that Congress will
at later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without
prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other
than those provided for herein.
DACA45-9-25-00106
5. This Right -of -Entry may be revoked in writing by the undersigned upon no less than 365 days
prior notice delivered to the Department of the Army at:
U.S. Army Corps of Engineers, Attention: Real Estate Contracting Officer, 1616 Capitol
Avenue, Omaha, Nebraska 68102.
If the undersigned attempts to terminate or revoke this Right -of -Entry before the end of the
period provided in paragraph 2, above, without the required notice period stated in this paragraph, the
Government will be entitled to recover from the undersigned all damages incurred as a result of the early
termination of access to the property, including all contractor costs and any other expenses of the
Government incurred because of the unanticipated early termination.
wne
Dated this La°''
a41 -d
r Si
ature
Perry L. Buck, Chair
Board of Weld County Commissioners
Type or print name
BOCC-Contracts a weld.gov
Email
day of
Seoern s€v
207
Weld---Coun t -y Cove timeet_-
Title (corporate/governmental representative needs evidence of authority to bind the entity)
THE UNITED STATES OF AMERICA
OTTERSONJESSE.1 Digitally signed by
OTTERSONJESSE.1287044417
287044417 Date: 2025.10.0609:31:31 -05'00'
JESSE E. OTTERSON
Chief Special Projects and Support Branch
Real Estate Contracting Officer
2025 -2loc l
Former FE Warren
Atlas D Site 12
Right -of -Entry
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Weld County, CO
T 5N, R 67W
6th PM
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Legend
Township
Section
ROE Parcel
Owner: Weld County
0 500 1 000
2,000
Feet
Dtsclamer. The Uritec States goverrment and USAGE fu•'ishes ttrs data arc
the recipient accepts and uses it vatn Ire express u:rcerszaning that the
government makes ^o warranties. expressed, of implied. concerning the
accLracy, completeness. reliahtty, usability, or suitability to' any particular
pu•pose of the In'ormation and data furnished The United Sates shall be under
no lability w'asoever to any person by reason of any use made thereof. Data
displayed on thrs map are approximations derived from GIS layers and should
not be used it place of survey data cr legal land descnp'ions
Real
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EXHIBIT "A" ATTACHED TO AND MADE
A PART OF DACA45-9-25-00106
CERTIFICATE OF AUTHORITY
Deputy Clerk to the Board of
1 hereby certify that I am the Weld County Commissioners of
(Secretary or Attesting Officer)
the organization named in the foregoing agreement with the United States of
America: that said organization is organized under the laws of the State of
Colorado ; that the seal, if applicable, affixed to said instrument
(State)
is the seal ofsaid organization; that Periy L. Buck
g � -_
("Name ofOf cer)
who signed said agreement was then Chair, Board of Weld County Commissioners of said
(Title of Officer)
organization and has been duly authorized to sign the foregoing agreement on behalf
of said organization, binding said organization to the terms therein.
1, as the Clerk to the Board, hereby attest to the validity of the Signature of said
Chairperson; and that said signature affixed to such agreement is genuine.
•
IN WITNESS WI-1EREOF,1 have hereunto set my hand and affixed the seal,
if applicable, of said organization, this Zq 'day of
em bet,', 2025.
Honshu; Aragon, Deputy Cie/' to the yard
\Veld County Government
Corporation or Organization
This form certifies that the person signing the attached instrument has the authority to do so. The signature of the
Secretary/Attesting (Nicer and the individual signing the attached instrument cannot be the same.
MRO Form 851 (21 Aug 02) (Edition dated 1 Oct 91 is obsolete)
Contract Forem
Entity Information
Entity Name*
ARMY CORPS OF ENGINEERS
Contract Name*
MISSILE SITE ACCESS AGREEMENT
Contract Status
CTB REVIEW
Entity ID*
@00042104
Q New Entity?
Contract ID
9952
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
AGREEMENT TO PROVIDE THE ARMY CORPS OF ENGINEERS ACCESS TO THE MISSILE FOR CONTAMINATION
TESTING.
Contract Description 2
Contract Type" Department Requested BOCC Agenda Due Date
AGREEMENT BUILDINGS AND Date* 09/27/2025
GROUNDS 10/01/2025
Amount*
$0.00 Department Email Will a work session with BOCC be required?*
CM- NO
Renewable* BuildingGrounds@weld.go
NO Does Contract require Purchasing Dept. to be
Automatic Renewal
Grant
IGA
Department Head Email
CM -Build ingGrounds-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
RN EY@WEL
D.GOV
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
06/03/2030
Committed Delivery Date
Renewal Date
Expiration Date*
07/12/2030
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 09/26/2025
Approval Process
Department Head Finance Approver Legal Counsel
PATRICK O'NEILL CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/26/2025 09/26/2025 09/26/2025
Final Approval
BOCC Approved Tyler Ref #
AG 092925
BOCC Signed Date Originator
CNAIBAUER
BOCC Agenda Date
09/29/2025
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