HomeMy WebLinkAbout810655.tiff RESOLUTION
RE: APPROVAL OF GRAVEL PURCHASE AGREEMENT FOR USE OF GRAVEL
FOR ROAD PURPOSES BETWEEN WELD COUNTY AND HIGH PLAINS
GRAZING ASSOCIATION
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, Weld County is in need of gravel material for the
construction of county roads, and
WHEREAS, High Plains Grazing Association owns certain land
on which there is gravel material suitable for use in construction
of county roads, and
WHEREAS, an agreement for the excavation of gravel for road
purposes between Weld County and High Plains Grazing Association
has been presented to the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners deems it advi-
sable and in the best interests of Weld County to approve said
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement for use
of gravel for road purposes between Weld County and High Plains
Grazing Association be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
October, A. D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO DO
(Aye)
Carlso �,hai man
(/�.►. (Aye)
Norma Carl on, Pro Tem
ATTEST: [-, i a (Aye)
C. /Atby/
WELD COUNTY CLERK AND RECORDER .n'ice (A e)
AND C ERK TO T BOA / . P T. a '
(A e)
BY / . �Ga . _ . une K. einmark
• ty Coun lerk ,
(4 A "O ED AS TO FORM
County Attorney
810655
R&B: Easements Gravel 540
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GRAVEL PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this 19th day of October
1981 by and between the COUNTY OF WELD, STATE OF COLORAOD, hereinafter called "County" ,
and HIGH PLAINS GRAZING ASSOCIATION, hereinfter called "Owner".
For and in consideration of the mutual covenants and conditions hereinafter
set forth, the parties mutually agrees as follows :
1. Term of Agreement. The term of this agreement shall be from the date
of execution to and until three years later.
2. Rights Granted- Property Description. The Owner hereby agrees to grant
to the County the right to explore for, develop, excavate, process,
stockpile, and remove sand, gravel , and rock from and on the following
described property situated in Weld County, Colorado:
The southeast 4 of Section 6, Township 10 North, Range
57 West, of the 6th P.M. , Weld County, Colorado.
The Owner reserves the right to utilize all of the premises not affected
or needed by the County's operation. The County shall have the right
to make excavations , openings, stockpiles, reject material dumps, and
conduct all nessary activities for the excavation of gravel , and to
place such machinery thereon as the County may deem necessary for the
excavation and preparation of gravel on said lands with the right of
the County to remove all such property at any time or within one (1)
year of termination of this agreement.
3. Royalty on Sand and Gravel . The County agrees to pay the Owner a
royalty of thirty- five cents (35t) per ton for all sand and gravel and
over-burden removed during the term of this lease or removed within one
(1) year of the termination of this agreement pursuant to Paragraph 13.
Such royalty is to be paid upon completion of the removal of the gravel
at the end of the construction season.
Notwithstanding any inference herein to the contrary, the County shall
not pay any royalty for material shich is not removed from the property
or not stockpiled for removal pursuant to Paragraph 13 of this Contract.
Specifically, any sand accumulated in the screening process shall , at
the option of the Owner, be either returned to the pit or stockpiled
for use by the Owner.
4. Gravel Permits. The parties hereto agree that the County will obtain
any necessary permit from the State Mined Land Reclamation Board for
the mining of said land.
The County agrees to_comply -with the requirements of the State Land
Reclamation Board permit for the site, as well as any appropriate
Special Use Permit granted by the Weld County Planning Commission.
5. Equipment and Operations. The parties hereto agree that the County may
operate a rock crusher on the subject property when such operation is
necessary in the opinion of the County Engineer. The County agrees to
work the subject property in a good workmanlike manner in accordance
with the customs and practices of sand and gravel pit operators.
r-..
6. Access. The County agrees to limit its access to the east by Weld
County Road 135 and further agrees to avoid operating in any area
which may contain historical artifacts.
7. Non-exclusive Agreement. Notwithstanding any inference in this
agreement to the contrary, the Owner shall have the right to lease
the subject property to other users provided such use does not inter-
fere with the use contemplated by this agreement.
8. Right to Use Gravel . The Owner may at his discretion take for his own
use up to 100 cubic yards per year of any material stockpiled by the
County on the premises, for use on his driveways or yards.
9. Renewal of Agreement. The parties to this agreement mutually agree
that this agreement may be renewed for additional periods of one (1)
year subject to re-negotiations of price.
10. Books and Records. The County agrees to keep accurate records of all
sand, gravel and rock removed from said described lands and will , at
all reasonable times, make said records available to Owner for his
inspection.
11. Taxes. The County agrees to pay all taxes lawfully assessed against
all machinery, tools, equipment, supplies, improvements and all other
property placed by the County on the abovedescribed lands. The Owner
shall pay all taxes lawfully assessed against the real property and
the machinery, tools, equipment, supplies, improvements and all other
property now on or placed by Owner on the abovedescribed land. Any
and all severance tax on the sand and gravel shall be paid by the County.
12. Agreement to Idemnify. The County agrees to indemnify and keep the
Owner harmless from all claims and demands of whatsoever kind and
character resulting from any act, operation, or negligence of the County
on the subject property or in connection with this agreement.
13. Removal of Material Subsequent to Termination. The County shall have
the right to remove, within one (1) year after expiration of this
agreement, any material stockpiled by the County on the premises provided
the County pays for same.
14. Notices. Any notice of default or of termination of this agreement and
all notices and demands in writing required or that may be given here-
under, if to Owner shall be forwarded by certified mail addressed to:
HIGH PLAINS GRAZING ASSOCIATION, c/o Walt Younglund, President, 64600
Weld County Road 126, New Raymer, Colorado 80742, and if for the County,
shall be forwarded by certified mail addressed to: BOARD OF COUNTY
COMMISSIONERS, COUNTY OF WELD, 915 10th Street, Greeley, Colorado 80631.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the
day and year first above written.
' t BOARD OF COUNTY COMMISSIONERS
ATTEST: (t.:. nq �,. s 4y cInrr ° "''cr WELD COUNTY, COLORADO
Weld County Clerk and Recorder By:
and Clerk,to the Board C uck Carlson, C airman
uty County C erk HIGH �PLLAAIINNSSGRGRAZING ASSOCIATION
By: %1 �= "Z' li"`�to -4-
Walt Yoanglun , Preside t
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