HomeMy WebLinkAbout20061029.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN -JACK AND SHIRLEY FISCUS
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 the Use of Soil and/or
Gravel for Road Purposes 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
Jack and Shirley Fiscus,9284 County Road 2.5,Merino,Colorado,80741,with 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 the Use of Soil and/or Gravel for Road Purposes 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 Jack and Shirley Fiscus be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of April, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST: amnia
M. . ile, Chair
Weld County Clerk to the Bor,
sof D .
. Long, Pro-Tem
'eputy Clerk to t 91 'Y
1 ( .� �
ice* ��� William H. Jerke
1 )
AP - . ASTOF e��J %' \ ) f��� -
Robert D. Masde
!'ounty Attorney Li
Glenn Vaad
Date of signature: 041/2o /o6
2006-1029
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MEMORANDUM
COLORADO TO: Clerk to the Board DATE: April 3, 2006
FROM: Frank B. Hempen, Jr., P.E. .
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement for Use of Soil and/or Gravel for Road Purposes with Jack and Shirley Fiscus.
pc: Jeff Jerome, Operation Division Manager
Greg Nelson, Mining Supervisor
M:AFrancieAAgend-1.doc
2006-1029
AGREEMENT FOR USE OF SOIL AND/OR
Zj GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this JO day of Afihcl, 2006, by and
between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld,
Colorado, hereinafter referred to as "COUNTY," and Jack and Shirley Fiscus, whose address is 9284 CR 2.5,
Merino Colorado, 80741 referred to as "OWNER."
WITNESSETH:
WHEREAS, COUNTY is in need of soil and/or gravel for the construction of County roads, and
WHEREAS, OWNER owns certain land on which there is soil and/or gravel suitable for use in
construction of County roads and which OWNER desires to have removed therefrom, and
WHEREAS,both parties believe that mining will not expose any groundwater to evaporation, and
WHEREAS, the parties hereto now desire to enter into this Agreement to meet their individual and
mutual needs.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE EXTRACTION OF SOIL
AND\OR GRAVEL THEREFROM: OWNER hereby grants to COUNTY the right to enter and have
access onto the following described property situated in Weld County, Colorado, for the purpose of
extracting soil and/or gravel therefrom for use on County's roads generally located in part of Section 7,
Township 10 North, Range 57 West of the 6th P.M. , Weld County, Colorado, knows as the J & S Fiscus
Pit (hereinafter referred to generally as the "Property"). In the course of said extraction, COUNTY
agrees to use its best efforts to keep the banks of the soil and/or gravel extraction pit sloped to prevent
OWNER'S cattle from falling over the banks. Additionally, COUNTY agrees to use its best efforts to
reduce the disturbance of any more pasture land than is necessary in order to accomplish the extraction
contemplated by this Agreement. The term "extraction" as used in this Agreement shall include the
removal of soil and/or gravel from the Property.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a
royalty of$.75 (seventy-five cents) severance per ton for all soil and/or gravel extracted and removed
from the Property by the COUNTY during the term of this Agreement. Such royalty is to be paid by the
end of the month in which the material is removed.
3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work area.
COUNTY agrees to construct and maintain said haul road in good condition and to restore said haul
road at the termination of this Agreement if requested by OWNER.
4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND/OR GRAVEL: OWNER may take up to 100
cubic yards per calendar year, commencing October 1, 2006, of any soil and/or gravel stockpiled by the
COUNTY on the Property for use on his driveways or yards. OWNER agrees that prior to taking said
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soil and/or gravel he shall consult with COUNTY to determine from which stockpile the soil and/or
gravel maybe taken.
5. BOOKS AND RECORDS: COUNTY agrees to keep accurate records of all soil and/or gravel removed
from said described lands and shall, at all reasonable times, make said records available to OWNER for
his inspection.
6. PERMITS: COUNTY shall be responsible for obtaining all necessary State, County, and Federal
permits, which shall not include permits for asphalt or concrete batch plants. COUNTY shall pay the
total cost of any necessary surveying for the mining operation. COUNTY shall consult with OWNER
during the permitting process and exercise reasonable diligence in obtaining all necessary permits in a
timely fashion. The operation by COUNTY shall be conducted in compliance with those permits as
may be determined by the agency legally responsible for enforcing those permits. OWNER agrees to
cooperate with COUNTY and to execute any necessary documents to assist COUNTY in obtaining the
necessary permits and not to interfere with any work required as a result of said permits. COUNTY will
be responsible for any of the construction improvements and ongoing operations necessary to comply
with an approved permit.
6. NOTICES: Any notice of termination or other demands by OWNER or COUNTY shall be made in
writing and forwarded by certified mail to the following address:
OWNER: COUNTY:
Jack and Shirley Fiscus Weld County Public Works
9284 CR 2.5 P.O. Box 758
Morino, Colorado 80741 Greeley, Colorado 80632
(970)356-4000, extension 3750
7. TERM: The term of this Agreement shall be from the date of execution to and until ten years later. It
shall renew automatically for additional one year periods thereafter, unless terminated in writing by
either party given at least thirty(30) days prior to the stated date of termination.
8. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of
COUNTY or OWNER, whichever is the non-assigning party.
9. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and understanding
between the parties to this Agreement and supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written. No modifications, amendment, novation, renewal, or
other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless
mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause
of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing
or signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver
of, a breach by any other party, whether expressed or implied, shall not constitute a consent to, waiver
of, or excuse for any other different or subsequent breach.
10. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a provision to the extent
this Agreement is then capable of execution within the original intent of the parties hereto.
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11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that
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 contained in this
Agreement shall give or allow any claim or right of actions 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 deemed an incidental
beneficiary only.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this lot-clay of
April , 2006 .
OWNERS:
JACK FISCUS SHIRLEY FISCUS
By / .% _di t ♦..
I
t ::::::
ATTEST: 2„�,/,�/'� ,x O I
�G I F WELD COUNTY COMMISSIONERS
Weld COUNTY Clerk to the Board `N®l ,,
1.
By: �� ��azt � {i By: ,c
\(if
puty Yerk to the Board M. . Geile, Chair 4/10/2006
M:\MiningV&S Fiscus Pit-Soil--Gravel Agreement.doc
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4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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