HomeMy WebLinkAbout760481.tiff AGREEMENT
THIS AGREEMENT MADE AND ENTERED INTO this 4th Day of
May, 1976 by and between WELD COUNTY, COLORADO, a Municipal
Corporation, hereinafter called "Weld County" , and the TOWN
OF PLATTEVILLE , COLORADO, a Municipal Corporation, hereinafter
called "Platteville" ,
WITNESSETH:
WHEREAS , Platteville has created an improvement district
for the purpose of installing paved streets , curbs , and gutters ,
together with necessary incidentals , within its corporate limits ,
said improvement district being Special Improvement District
No. 76-1;
WHEREAS , certain portions of some of the streets included
within said Special Improvement District are located upon
boundary lines between Weld County and Platteville ;
WHEREAS , Platteville has engaged the firm of Nelson, Haley ,
Patterson and Quirk, Engineering Consultants , to act as its
engineer for said Special Improvement District and has accepted
the bid of Bestway Paving Company, of Greeley, Colorado , for
construction of the improvements contemplated therein, and that
portion of the engineering and construction costs attributable
to construction of said improvements upon those portions of said
streets lying upon the boundary between Weld County and Platteville
which are outside the corporate limits of Platteville and within
the limits of Weld County is Fifteen Thousand Eight Hundred Eighty-
Four & 23/100 Dollars ($15 , 884. 23) ; and
WHEREAS , Weld County is not subject to assessment by the
said Special Improvement District but both parties hereto never-
theless desire to provide for the orderly installation of and
payment for paving, curbs and gutters , and necessary incidentals
upon those portions of the streets included within the said
Special Improvement District which lie upon boundary lines between
Weld County and Platteville .
NOW THEREFORE , for and in consideration of the mutual
promises, undertakings , and covenants set forth herein the parties
agree as follows :
760481
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1. WORK SUBJECT TO THIS AGREEMENT - PLANS AND SPECIFICATIONS .
Weld County agrees to construct or have constructed,
in the manner hereinafter provided, the improvements set
forth and specifically described in the plans and specifications
attached hereto as Exhibit I and incorporated herein by reference
upon the following portions of the streets of Platteville ,
Colorado specifically set forth below:
That portion of Division Street between Goodrich Avenue
and Colorado Highway No . 66 (Justin Avenue) lying with-
in Weld County and adjacent to the Town of Platteville.
That portion of Goodrich Avenue between River Street
and Division Street lying within Weld County and ad-
jacent to the Town of Platteville.
2. SELECTION OF ALTERNATIVE BY WELD COUNTY .
Within fourteen (14) days of the execution of this
Agreement , Weld County shall advise Platteville whether the
said County desires to perform the work contemplated by this
Agreement by its own employees and at its own sole cost and
expense , or have Platteville' s contractor (Bestway Paving Company)
perform the said work. In the event the County fails or neglects
to provide such advisement within the said fourteen (14) days ,
it shall be conclusively presumed that Weld County has elected
to have Platteville ' s contractor perform the work and to pay
therefor at the base cost of Fifteen Thousand Eight Hundred Eighty-
Four & 23/100 Dollars ($15 , 884. 23) , subject to the provisions of
Paragraph 3 below.
3. PLATTEVILLE' S CONTRACTOR TO CONSTRUCT .
If Weld County elects to have Platteville' s
contractor construct the said improvements , the said County
shall be subject to the terms of the Construction Contract
entered into between Platteville and its contractor , a copy of
which the County acknowledges receipt of, insofar as the same
shall relate to the work contemplated herein , and except as may
otherwise be expressly and specifically set forth in this Agreement ,
the County shall have all of the rights , duties , and obligations
of the party designated in said Construction Contract as Owner.
It is the express intent of the parties hereto that Weld County
be specifically subrogated to the rights , duties and obligations
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of Platteville in this regard. Payment by the County for the
work contemplated by this Agreement shall be made in accordance
with the provisions of Article 14 of the Contract between
Platteville and its contractor, and Weld County agrees to
indemnify Platteville against any loss , expense, claims , or
demands , including reasonable attorney fees , or other expenses
of litigation or arbitration, resulting from or occasioned by
the failure of Weld County to make payments as provided therein.
4. COUNTY TO CONSTRUCT.
In the event that Weld County elects to perform the
work contemplated herein itself, it shall insure that the said
work be performed in a workmanlike and professional manner ,
in accordance with the design, and plans and specifications
attached hereto as Exhibit I and incorporated herein by reference.
It shall further comply with the decision of Platteville ' s
engineer concerning the timing and scheduling of the work con-
templated herein to be performed.
5 . NOTICES.
Any notices or advisements required by the terms of
this Agreement to be served shall be deemed served upon Platteville
by mailing the same to the Honorable Lloyd Rigg, Mayor, Platteville
Town Hall, 411 Goodrich Avenue, Platteville, Colorado 80651 , and
shall be deemed served upon Weld County by mailing the same to
the Board of County Commissioners of Weld County, P . 0. Box 758 ,
Greeley, Colorado 80631. Such service may also be made upon
Platteville by personal delivery of any such notice or advisement
to the Town Clerk of the Town of Platteville, and upon Weld County
by personal delivery of such notice or advisement upon the Secretary
to the Board of County Commissioners of Weld County.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals this 4th Day of May, 1976 .
TOWN OF PLATTEVILLE
ATTEST: Byto;.9e/7( jfibA //
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CLERK
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
/r/f)GLENN BILLINGS ��Z
ROY . OSEP
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VICTOR JACOBUCCI
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County Clerk and Recorder
-an lerk to the Bo NORMAN CARLSON
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