HomeMy WebLinkAbout20020644.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - RONALD W. THOMAS AND
RAYMOND WAYNE THOMAS, CHARITABLE REMAINDER ANNUITY TRUST, AND
COLIN LINDSEY
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 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, Ronald W. Thomas and Raymond Wayne Thomas, Charitable Remainder Annuity Trust,
1559 Logan, Denver, Colorado 80203, and Colin Lindsey, 14941 Rhodes Circle, Lenexa,
Kansas, 66215 , commencing upon full execution, and ending five years later, with further
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 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 Ronald W.
Thomas and Raymond Wayne Thomas, Charitable Remainder Annuity Trust, and Colin Lindsey
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
2002-0644
C`C' ,old, 7�/D/n7Crs .L'��ds j EG0046
AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 18th day of March, A.D., 2002.
BOARD
OF COUNTY COMMISSIONERS
WEJL UNTY, ¢OL DO
r (/t
ATTEST: Mill
� E�'j' " 4)�GI Vaad, Chair
Weld County Clerk to the tar.
/ 861 zt• kV..
■avid E. Lon , Pro Tem
BY: . � �• �s���_ Ste � f
Deputy Clerk to the Bo � /\ 4/4,
M. J. eile
AP O - DASt, b i
ill"Att mH Je�ke , l
ur or obert D. Masden
3
Date of signature: /27
2002-0644
EG0046
MEMORANDUM
TO: Clerk to the Board DATE: March 11, 2002
FROM: Frank B. Hempen, Jr.
C Director of Public Works/County Engineer
•
COLORADO SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Agreement for Use of Soil and/or Gravel for Road Purposes
with Ronald W. Thomas and Raymond Wayne Thomas, Charitable Remainder Annuity
Trust, and Colin Lindsey.
As soon as this Agreement is accepted by the Board and executed by the Chair, please
send a copy to Greg Nelson for the purpose of expediting this issue.
The appropriate documentation is attached.
Enclosures
pc: Greg Nelson, Mining
Thomas Gravel pit -
M:\W PFILES\Francie\AGENDA-3.IRC.wpd
2002-0644
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this / ( day of tt�J": �rjti . ,200
by and between Weld County,Colorado,by and through the Board of County Commissi ers of the
County of Weld, Colorado, hereinafter referred to as "County," and the Ronald W. omas and
Raymond Wayne Thomas, Charitable Remainder Annuity Trust, as owner of a 70% interest and
Cohn Lindsey, hereinafter referred to collectively 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, 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: located in the West 1/2 of§ 1, T8N, R61W of the 6th P.M., Weld County, Colorado,
known as the Thomas Pit (hereinafter referred to generally as the "Property."). The term
"extraction" as used in this Agreement shall include the removal of soil and\or gravel from
the Property including the material stockpiled on the property. Owner warrants that he is the
owner of the property and the right to remove soil and gravel and will defend title thereto
against all claims.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay Owner
a royalty of.$ .50 (fifty cents)per ton for all soil and\or gravel extracted and removed from
the property by 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. The COUNTY agrees to extract at least
50,000 tons per calendar year,prorated to the first day of the month in which extraction has
occurred, or to pay for same as if extracted on a monthly minimum payment of$2,083.33
( which is 1/12th of the annual minimum).
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 obliterate
said haul road at the termination of this Agreement if requested by Owner.
Page 1 of 3
4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL: Owner may take
up to 100 cubic yards per calendar year commencing January 1, 2003 of any soil and\or
gravel stockpiled by the County on the premises for use on his driveways or yards. Owner
agrees that prior to taking said soil and\or gravel,he shall consult with County to determine
from which stockpile the soil and\or gravel may be 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. NOTICES: Any notice of termination or other demand by Owner or County shall be made
in writing and forwarded by certified mail to the following address:
OWNER: COUNTY:
Jim Webster, Trustee for the
Ronald W. Thomas and Weld County Public Works
Raymond Wayne Thomas P.O. Box 758
Charitable Remainder Trust, Greeley, CO 80632
1559 Logan,
Denver CO 80203
And
Colin Lindsey
14941 Rhodes Circle
Lenexa, KS 66215
7. TERM: The term of this Agreement shall be from the date of execution to and until five
years later, and shall renew automatically for additional one year periods thereafter, unless
sooner terminated in writing by either party. Said notice of termination must be received at
least thirty(30)days prior to the stated date of termination. County agrees to cooperate with
Owner in executing ail necessary documents for a succession of operator to Owner upon
termination of this Agreement.
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
Page 2 of 3
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.
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.
N WITNESS WHEREOF, the parties hereto have signed this Agreement on the date first
entered above.
OWNER:
014A1-
,�� - - //26 ft* Zoe�L ee2o / //
Colin Lindsey Jim Webster, Trustee for the cP-p oat
Ronald W. Thomas and
Raymond Wayne Thomas
Charitable Remainder Trust
ATTEST: ��� BOARD OF COUNTY COMMISSIONERS
Weld County Cler to the B
J ` WELD COUNTY, COLORADO
n / 1861 }0 AlBy: / / �� r'� yN 1�� �� By:
Deputy Clerk to the Boar p y `�� � Glenn Vaad, Chair 3/18/2002)
APPROY-E� AS O
Bru /
eld County Attorney M:\WPFILESWGREEMNTthomas.wpd
Page 3 of 3
Hello