HomeMy WebLinkAbout20252157.tiffResolution
Approve Agreement for Electrical Utility Services for Property Abatement Project
Located at 3716 Yosemite Drive, Greeley, and Authorize Chair to Sign —
Katherine Dillen
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 Agreement for Electrical Utility Services
for the Property Abatement Project Located at 3716 Yosemite Drive, Greeley, between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and Katherine Dillen, commencing upon full execution of signatures, 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 Agreement for Electrical Utility Services for the Property Abatement
Project Located at 3716 Yosemite Drive, Greeley, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Health and Environment, and Katherine Dillen, be, and
hereby s, 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 30th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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2025-2157
H L0058
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Agreements for 3716 Yosemite Drive Abatement Project
DEPARTMENT: County Attorney Office
PERSON REQUESTING: Adria Schiel, Assistant County Attorney
DATE: 7/28/2025
Brief description of the problem/issue: In order to proceed with the 3716 Yosemite Drive abatement project,
we will need access to power. Currently, the power box at 3716 Yosemite Drive is damaged beyond repair.
The neighboring property owner, Katherine Dillen, is agreeing to provide access to her power during the duration
of the abatement project. The Agreement for Electrical Services will pay Katherine Dillen for use of her power in
an amount not to exceed $1,500.00.
Additionally, we need an electrician to install two 20 -amp branch circuits to enable power to be connected.
Western Electrical Group can provide their Professional Services for $515.00.
What options exist for the Board?
(1) Approve the contracts so the abatement project can continue.
(2) Not approve the contracts and the abatement project will be delayed.
Consequences:
Impacts:
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Recommendation:
Approve the agreements with Katherine Dillen and Western Electrical Group.
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
(06
2025-2157
?/30
AGREEMENT FOR ELECTRICAL UTILITY SERVICES
THIS AGREEMENT is made by and between the County of Weld, State of
Colorado, by and through its Board of County Commissioners whose address is
1150 O Street, Greeley, Colorado, 80631 ("County"), and Katherine Dillen, with
whose address is 3712 Yosemite Drive, Greeley, Colorado, 80634 ("Property Owner").
WHEREAS, the County has contracted with Oak Environmental LLC to
perform abatement on the property located at 3716 Yosemite Drive, Greeley, Colorado.
WHEREAS, Property Owner is willing to allow the County to access electrical
power from the premises of 3712 Yosemite Drive for the duration of the abatement
project.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. Term. This agreement shall commence upon execution by all parties and
shall continue through the duration of the abatement project, but not to exceed 60
days from the execution of this Agreement.
2. Services to be Performed. Property Owner agrees to allow the County or
County Contractor reasonable access to the property for the purpose of connecting to
the power. Property Owner will allow the County to connect to power at 3712
Yosemite Drive for the duration of the abatement project.
3. Independent Contractor. For the work performed pursuant to this
Agreement, Property Owner agrees that they shall not become an employee of
County, nor is Property Owner entitled to any employee benefits from County, as
a result of the execution of this Agreement.
4. Compensation. The County agrees to pay the Property Owner utility bill in
an amount not to exceed $1,500.00. Property Owner agrees to supply the County with the
Property Owner's utility bill for the periods that the County is utilizing Property Owner's
power.
5. Termination. Either party may terminate this Agreement at any time by
providing the other party with a 10 -day written notice thereof. In the event of an
early termination, Property Owner shall be paid for work performed up to the time
1
of termination and County shall be entitled the use of all material generated
pursuant to this Agreement.
6. Non -Assignment. Contractor may not assign or transfer this Agreement,
any interest therein or claim thereunder, without the prior written approval of County.
7. Notices. Any notice required to be given under this Agreement shall be in
writing and shall be mailed or delivered to the other party at that party's address as
stated above.
8. Compliance, This Agreement and the provision of services hereunder
shall be subject to the laws of Colorado and be in accordance with the policies,
procedures, and practices of County.
9. Non -Exclusive Agreement. This Agreement is nonexclusive and County
may engage or use other contractors or persons to perform services of the same or
similar nature.
10. Entire Agreement/Modifications. This Agreement contains the entire
agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiation, representation, and
understanding or agreements with respect to the subject matter contained in this
Agreement. This Agreement may be changed or supplemented only by a written
instrument signed by both parties.
11. Severability. If any term or condition of this Agreement shall be held
to be invalid, illegal, or unenforceable, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable
of execution within the original intent of the parties.
12. Governmental Immunity. No portion of this Agreement shall be
deemed to constitute a waiver of any immunities the parties or their officers
or employees may possess, including but not limited to any of the immunities,
rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
2
13. No Third -Party Beneficiary. It is expressly understood and agreed
that the 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 in this Agreement shall give or allow any claim
or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be
an incidental beneficiary only.
ATTEST:'
BY:
Signature:
• tdo BOARD OF COUNTY COMMISSIONERS
Clerk to the Board WELD COUNTY, COLORADO
MALI tAlt
Deputy Clerk to the B
er ee Angell Dillen (Jul 29, 2025 12:45:05 CDT)
Email: katangell1974@gmail.com
uck, Chair JUL 3 0 2025
PERTY OWNER:
atherine Dillen
Katherine Angell Dillen
Signature
Date:
3
ztZ52S1
Katherine Dillen Agreement
Final Audit Report
2025-07-29
Created: 2025-07-29
By: Houstan Aragon (haragon@weld.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAk_8Q1 p6TVmgHE2NXJvHpaT-U7o1 u8nQX
"Katherine Dillen Agreement" History
Document created by Houstan Aragon (haragon@weld.gov)
2025-07-29 - 5:07:20 PM GMT- IP address: 204.133.39.9
2 Document emailed to katangell1974@gmail.com for signature
2025-07-29 - 5:08:39 PM GMT
It Email viewed by katangell1974@gmail.com
2025-07-29 - 5:27:11 PM GMT- IP address: 74.125.214.74
06 Signer katangell1974@gmail.com entered name at signing as Katherine Renee Angell Dillen
2025-07-29 - 5:45:03 PM GMT- IP address: 172.56.89.150
Document e -signed by Katherine Renee Angell Dillen (katangell1974@gmail.com)
Signature Date: 2025-07-29 - 5:45:05 PM GMT - Time Source: server- IP address: 172.56.89.150
O Agreement completed.
2025-07-29 - 5:45:05 PM GMT
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