HomeMy WebLinkAbout20171180.tiffent-t-d-c-c /pick/iv-6F
MEMORANDUM
TO: Board of County Commissioners
DATE: April 24, 2017
FROM: Elizabeth Relford, Transportation Manager
SUBJECT: Great Western Industrial Park Release Form
Staff is requesting the Board authorize the Chair to sign the attached release form so Public Works Survey
Division can access that portion of the Great Western Industrial Park (Broe) property to survey the area
where the needed Poudre Trail improvements will occur. The design for the project cannot begin without
surveying the property. This release will cover Public Works access to the area for the duration of the
project. Once the project is under contract for the improvements, the selected contractor will obtain their
own release.
I am available to answer any questions you may have.
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RELEASE
I, Julie Cozad, as Chair of the Board of County Commissioners, on behalf of Weld County and its employees, in
consideration of the permission granted to me by The Great Western Industrial Park ("GWIP") and other good and
valuable consideration, the receipt and sufficiency all of which is acknowledged herein, will enter onto a portion of
NE1/4, SE1/4 Sec 35, T6N R67W 6"' PM more clearly depicted in the attached Exhibit Al in Windsor, Colorado,
which is owned and/or operated by Great Western Industrial Park or its affiliates on the date of April 21, 2017
through December 31, 20181, or by fifteen (15) day notice of Owner, for the sole purpose of surveying and
evaluation in preparation for designing a permanent solution to those portions of the Poudre River Trail
affected by flooding on the subject property:
1. DO HEREBY REMISE, RELEASE, HOLD HARMLESS, FOREVER DISCHARGE AND AGREE TO
INDEMNIFY THE BROE GROUP, ITS OWNERS, PARENTS AND AFFILIATES, AND THEIR RESPECTIVE
MEMBERS, MANAGERS, OFFICERS, DIRECTORS, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES, CONTRACTORS, AND ANY
THIRD PARTY PERMITTED BY THE BROE GROUP TO USE FACILITIES FROM AND AGAINST ALL
ACTIONS AND ANY CAUSES OF ACTION, SUITS, DEBTS, DEMANDS, CLAIMS, INCLUDING, BUT NOT
LIMITED TO, CLAIMS ARISING UNDER THE FEDERAL EMPLOYER'S LIABILITY ACT, LOSSES OR
DEATH TO MYSELF OR OTHERS, LOSS OR DAMAGE TO MY PERSONAL PROPERTY, LOSS OR
DAMAGE TO THE PROPERTY OF THE BROE GROUP, OR LOSS OR DAMAGE TO THE PROPERTY OF
THIRD PARTIES, KNOWN AND UNKNOWN, (COLLECTIVELY, "CLAIMS") ARISING FROM OR
RELATING TO THE NEGLIGENCE OR MISCONDUCT OF ME, MY OFFICERS, DIRECTORS, LEGAL
REPRESENTATIVES, EMPLOYEES, AGENTS, INVITEES AND CONTRACTORS ON OR ABOUT GREAT
WESTERN INDUSTRIAL PARK FACILITIES.
2. I ACKNOWLEDGE THAT GREAT WESTERN INDUSTRIAL PARK FACILITIES ARE IN DANGEROUS
PROXIMITY TO RAILROAD OPERATIONS AND THAT PERSONS AND PROPERTY ON OR ABOUT
RAILROAD FACILITIES ARE IN CONSTANT DANGER OF INJURY, DEATH, OR DESTRUCTION
INCIDENT TO RAILROAD OPERATIONS, WHETHER BY RAILROAD OR OTHERS AND I ENTER ONTO
GREAT WESTERN INDUSTRIAL PARK FACILITIES SUBJECT TO, FULLY AWARE OF, AND
ACCEPTING SOLE RESPONSIBILITY FOR SUCH DANGERS.
I agree to follow the general, safety, operating rules and instructions of The Broe group and its authorized
representatives (collectively, "Safety & Operating Rules") and that my conduct while in, on or about the Great
Western Industrial Park Facilities will not conflict with such Safety & Operating Rules as those apply to my activities. I
further agree that The Broe group, at its sole discretion, reserves the right to immediately remove and bar me or any
other person from Great Western Industrial Park Facilities, who, after notice of unsafe or other impermissible
behavior, continues to behave in an unsafe manner that is prohibited by the Safety & Operating Rules.
I agree not to make any claim or take any proceedings against any other person who might claim contribution or
indemnity from The Broe group in respect of the matters released in this Release.
The provisions of this Release shall enure to the benefit of The Broe group's successors and assigns, as the case
may be, and shall be binding upon my successors. assigns, heirs, executors and personal representatives.
This Release shall be governed by, and interpreted and enforced in accordance with, the laws of the State of
Colorado, and venue shall be proper in the federal or state courts of the State of Colorado for any action arising
under the terms of this Release or performance of it.
Authorized and Consented to by:
Company: Weld Count
Authorized Signature: C
Name: Julie A. Cozad
Title: Chair, Board of County Commissioners
Date: 4/26/17
20/7-lAry
Exhibit A
to RELEASE for Weld County April 21, 2017.
Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good afternoon,
Elizabeth Relford
Friday, April 21, 2017 3:03 PM
CTB
Daniel Holmes; Devin Traff; Don Dunker
Emailing - ROE - Weld County Poudre Trail Survey and Design 2017.pdf
ROE - Weld County Poudre Trail Survey and Design 2017.pdf
I haven't been able to get this document on On -Base because I had to create a new entity name. I am planning on doing
so and am only sending this to you as a backup for next week because I need to get it on the BOCC consent agenda per
the request of the Chair at our work session on Wednesday. We thought we could get it on Monday's, but clearly that
ship has sailed, so we are hoping to get it on Wednesday's consent agenda. Just a heads up. Please do not hesitate to
contact me if you have any questions.
Thanks,
Elizabeth
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