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Home My WebLink About20140806.tiff RESOLUTION RE: APPROVE RIGHT OF ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE AND AUTHORIZE CHAIR TO SIGN -ARMY CORPS OF ENGINEERS 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 a Right of Entry for Environmental Assessment and Response 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 Works, and the Army Corps of Engineers, with terms and conditions being as stated in said Right of Entry, and WHEREAS, after review, the Board deems it advisable to approve said Right of Entry, 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 for Environmental Assessment and Response 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 Works, and 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 Right of Entry. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of March, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C��j C� �,/ L �ot /� , C/ G. �c� Dougl em�cheChar Weld County Clerk to the Board g ny�r �I rt, arbara Kirkmeye , Pro-Tem/ D iy Clerk to the Boar •'� l� an P. Conway A D FORM: ij JIC ike F man Co my Attorney / / illiam F. Garcia 'Y'Date of signature: /121 Co: Q1J( ��M) t LBa),cns 4•1414 2014-0806 EG0070 .r 'r -�186a - TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: March 10, 2014 Jifj SUBJECT: Federal Right of Entry Authorization—Missile Site Park y4COUN7. .'; ll_., Commissioners, Please find attached a letter from James Williams, Army Corps of Engineers, to Dave Bauer, Public Works, requesting the County to renew the Right of Entry Agreements allowing the Corps to enter onto the premises of the Missile Site Park to conduct environmental assessment and response. Also attached is a copy of the Right of Entry agreement, which is substantially similar to the previous agreement signed by Pat Persichino in 2007. This generally allows the Army Corps of Engineers access to the missile site for the purpose of monitoring any environmental concerns related to the former Atlas Missile Site. The title of the document has been changed to "Right of Entry for Environmental Assessment and Response"from "Right of Entry for Survey and Exploration. Otherwise, it is substantially similar. I recommend you approval of this five year agreement. Approve Schedule Recommendation Work Session Other/Comments: William F.Garcia,Chair Douglas Rademacher Sean P.Conway Mike Freeman rule Barb Kirkmeyer 2014-0806 4.4£Ngfq°,} DEPARTMENT OF THE ARMY ' I I \/, CORPS OF ENGINEERS,OMAHA DISTRICT a = 1z 1616 CAPITOL AVENUE,SUITE 9000 P ' Ip !+�M OMAHA NE 68102-4901 e°�� REPLY TO February 19, 2014 ATTENTION OF Real Estate Division SUBJECT: Renewal of Right of Entry—DACA45-9-07-00106, at Former Atlas E. Missile Site Facility S-12 DERP NO. B08CO39302, Windsor, Weld County, Colorado Weld County Offices Director of Public Works r4' T D Attu: Mr. David Bauer P.O. Box 758 =Eg 21 ZT Greeley, CO 80632 UVeld County ?Oho works pelt Dear Mr. Bauer: Please find enclosed three copies of our proposed Right-of-Entry that will allow the Federal Government, its employees and contractors, continued access to Weld County property for a five year period to conduct environmental assessments. If after your review this Right-of-Entry meets with your approval, please have an authorized representative of Weld County, sign and return two copies of the Right-of-Entry to the U. S. Army Corps of Engineers, in the enclosed envelope. Once the Federal Government has signed the new Right-of-Entry, a fully executed copy will be forwarded to you for the County's permanent files. If you have any questions concerning the document, please call me at(402) 995-2853 or e-mail me at James.L.Williams(a,usace.army.mil. If you have any questions concerning the project please call the project manager, Jeff Skog at(402)995-2739 or e-mail him at Jeffery.A.Skog@usace.armv.mil. Thank you in advance for your cooperation in this matter. Sincerely, James L. Williams Military Branch Real Estate Division, Omaha District Enclosures Copy furnished(w/o enclosure) CENWO-PM-H(Jeff Skog) Y • DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE Renewal: DACA45-9-07-00106 FORMER Atlas E Missile Site Facility S-12, DERP No. 6080O039302 Windsor.Weld COUNTY,COLORADO (Project, Installation or Activity) Weld County,Colorado Parcel No.095702000005 Weld County Government The undersigned, herein called the"Owner", hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Federal Government", a right-of-entry upon the following terms and conditions: 1. The Owner hereby grants to the Federal Government an irrevocable right to enter in,on, over and across the land described below,for a period not to exceed sixty( 60) months, beginning with the date of the signing of this instrument,for use by the United States, its representatives, agents, contractors and assigns,as a work area for environmental investigation and response; including the right to store, move and remove equipment and supplies; construct, operate, maintain, alter, repair and remove groundwater monitoring wells,groundwater purification and injection systems, appurtenances thereto and other devices for the monitoring and treatment of contamination in soil, air and water; investigate and collect samples; and excavate and remove pollutants, hazardous substances, contaminated soils, and replace with uncontaminated soil; and perform any other such work which may be necessary and incident to the Federal Government's use for the investigation and response on said lands; subject to existing easements for public roads and highways, public utilities, railroad and pipelines; reserving, however,to the Owner(s), administrators, successors and assigns,all such right,title, interest and privilege as may be used and enjoyed without interfering with or abridging the rights and right-of- entry hereby acquired. 2. The permit includes the right of ingress and egress on the other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment and other property taken upon or placed upon the described land by the Federal Government shall remain the property of the Federal Government and may be removed by the Federal Government at any time within a reasonable period after the expiration of this right-of-entry. a©/5'— 0lc6 DACA45-9 - 14 - 00008 4. If any action of the Federal Government's employees or agents in the exercise of this right- of-entry results in damage to the real property,the Federal Government will, at its option, 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 Federal Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a 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 claim under applicable laws for any other damages than provided herein. 5. The land subject to this right-of-entry is located in the State of Colorado,County of Weld and is more particularly described as follows: Parcel No.095702000005,location of this parcel is as shown on EXHIBIT"A".attached herewith and made a part thereof. WITNESS MY HAND AND SEAL THIS 17th day of March ,2014. (Note: Owner shall not enter a date, the U.S. Government will enter the date of execution.) 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