HomeMy WebLinkAbout20020585.tiff RESOLUTION
RE: APPROVE AGREEMENT TO TRANSFER PERMITS AND SUCCESSION OF
OPERATOR FOR FISCUS GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN -
MENDEZ, INC.
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 to Transfer Permits and
Succession of Operator for the Fiscus Gravel Pit 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 Mendez, Inc., 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 to Transfer Permits and Succession of Operator
for the Fiscus Gravel Pit 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 Mendez, Inc., 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 11th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTYDO
ATTEST: n. ,�
Glen V d, Ch it
Weld County Clerk to a
c
David E. Long, Pro-Tem
BY:
Deputy Clerk to the B�� ; EXCUSED
M. J. Geile
AP 7ED A���RM: % r
illiam H. Jer e
o nt A rn y /U
ri
R bed D. Masden
Date of signature: rai
2002-0585
EG0046
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MEMORANDUM
int TO: Clerk to the Board DATE: March 4, 2002
CFROM: Frank B. Hempen, Jr.Director of Public Works/County Engineer
•
COLORADO SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Agreement to Transfer Permits and Succession of Operator on Fiscus Gravel Pit:between
Mendez, Inc. and Weld County.
The Division of Minerals and Geology requires the "original" documentation to be
returned. Once approved by the Board, please send the original Agreement to Greg
Nelson, Public Works.
The appropriate documentation is attached.
Enclosures
pc: Greg Nelson, Mining Supervisor
Fiscus Gravel Pit file
M:AWPFILESVFrancieAAGENDA-5.IRC.wpd
2002-0585
AGREEMENT TO TRANSFER PERMITS
AND SUCCESSION OF OPERATOR
FISCUS PIT
THIS AGREEMENT,made and entered into,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 Mendez Inc.
Contractors hereinafter referred to as `TRANSFEROR".'
WITNESSETH:
WHEREAS,County is in need of soil and/or gravel for the construction of county roads,and
WHEREAS, TRANSFEROR holds the right to mine sand, gravel and aggregate by agreement with the Fiscus
family pursuant to Division of Minerals and Geology Permit#M-1999-115.
WHEREAS, TRANSFEROR no longer has need for such materials in the region and there remains soil and/or
gravel suitable for use in construction of county roads,and
WHEREAS,the parties hereto now desire to enter into this Agreement to meet their individual and mutual needs.
1. In consideration of the sum of$ 5,000 (Five thousand dollars) TRANSFEROR agrees to transfer, assign and
convey any and all right title and interest they may hold for the purpose of extracting or removing from stockpiles any sand,
gravel, soil and aggregate from the area described in Minerals and Geology Reclamation Permit # M-1999-115 generally
located in part of the SW '/., §7,T10N,R57W of the 6th P.M.,Weld County,Colorado,known as the Fiscus Pit.COUNTY
inspected the Fiscus Pit. TRANSFEROR makes no representations as to the quantity or quality of the sand,gravel,soil and
aggregate within the Fiscus Pit.
2. COUNTY shall be responsible for obtaining all necessary State, COUNTY, and Federal permits (if any) and
transfers and succession of operators approvals for the operation of the Fiscus Pit at its own expense. COUNTY shall
exercise reasonable diligence in obtaining all necessary approvals in a timely fashion. TRANSFEROR agrees to cooperate
with COUNTY and to execute any necessary documents to assist COUNTY in obtaining the approvals, including, but not
limited to,execution of a Transfer of Ownership and Succession of Operator Application with the Division of Minerals and
Geology.
3. 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.
4. If a dispute arises out of or relates to this contract,or the breach therof,and if the dispute cannot be settled
through negotiation,the parties agree to first try in good faith to settle the disdute by mediation before resorting to arbitration,
litigation or some other dispute resolution procedures.
5. VENUE-Venue for any dispute arising under this agreement shall be proper in and for the District Court in
and for the County of Weld,State of Colorado, 19th Judicial District.
6. This agreement is intended to be binding on the heirs,personal representatives,and successors in interest to
the parties hereto.
7. 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.
8. 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.
�r� IN WITNESS WHEREOF, the parties hereto have signed this Agreement this �/ "' day of
)0110—ki ,2(101.
TRANSFEROR:
I�p
` By Dan Mendez,Presid dez,Inc.
{Ge ATTEST: /LP1,�J' ' .,e)`:OARD OF COUNTY COMMISSIONERS
Weld County Clerk to the t d of, Y - : LD COUNTY,COLORADO
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I Sol t SFr'n7is., q
By: . ..J1. r � ,I By. AAA /
Deputy Clerk to the Boar Glenn Vaad. Chair '
(03/IIIL0o2)
Art)AS /�Bride T. Barker
Weld County Attomey
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