HomeMy WebLinkAbout20020238.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF BORROW PIT EMBANKMENT FOR
CERTAIN IMPROVEMENTS TO WCR 62 BETWEEN WCRS 13 AND 17, AND WCR 15
BETWEEN WCRS 72 AND 74 AND AUTHORIZE CHAIR TO SIGN - MARTIN LIND
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 Concerning the
Purchase of a Borrow Pit Embankment for Certain Improvements to Weld County Road 62
between Weld County Roads 13 and 17, and Weld County Road 15 between Weld County
Roads 72 and 74 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
Martin Lind, 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 Concerning the Purchase of a Borrow Pit
Embankment for Certain Improvements to Weld County Road 62 between Weld County
Roads 13 and 17, and Weld County Road 15 between Weld County Roads 72 and 74 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 Martin Lind be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
2002-0238
EG0046
AGREEMENT FOR PURCHASE OF BORROW PIT EMBANKMENT FOR CERTAIN
IMPROVEMENTS TO WCR 62 BETWEEN WCRS 13 AND 17, AND WCR 15 BETWEEN
WCRS 72 AND 74 AND AUTHORIZE CHAIR TO SIGN - MARTIN LIND
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of January, A.D., 2002.
�_ BOARD OF COUNTY COMMISSIONERS
� � �u WE Q , COLORADO
ATTEST: 2ua�1
Gle Vaad,
Weld County Clerk to the Board- 1(
r (�
David E. Lo g, Pro-Teern
'o the Board
J.M.
J. ui
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'IR• e=x' � •,- •
. EXCUSED
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�-i'L-- _ illi m H. er
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� obert D. M sden
'Date of signature: gh -
2002-0238
EG0046
MEMORANDUM
• f reft.,..
iint TO: Clerk to the Board DATE: January 23, 2002
FROM: Frank B. Hempen, Jr.
ODirector of Public Works/County Engine
• SUBJECT: Agenda Item
COLORADO
Please place the following item on the Board's next agenda:
Approval of the Purchase of Borrow Pit Embankment for Certain Improvements to
WCR 15 between WCR 72 and WCR 74 between Weld County and Martin Lind.
The appropriate documentation is attached.
Enclosures _
pc: Greg Nelson, Mining Supervisor
M:\W PFILES\Francie\AGENDA.IRC
2002-0238
•
AGREEMENT
CONCERNING PURCHASE OF BORROW PIT EMBANKMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD(WCR) 15 BETWEEN WCR 72 AND WCR 74
FOR THE PURPOSE OF A ROAD PROJECT. AGREEMENT BETWEEN MARTIN LIND AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this U I day od211Ud , 2002- by and between Martin
Lind whose address is 305 Teal Court,Windsor,Colorado 80550,hereinafter referred to as"Owner,"
and the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, the County will conduct the project in two phase: Phase I is WCR 62
between WCR 13 and WCR 17; and Phase II is WCR 15 between WCR 72 and WCR 74, and
WHEREAS, Owner owns certain land on which there is soil suitable for use in
construction of county roads and which Owner desires to have removed therefrom, and
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
NOW, THEREFORE, the parties herein agree as follows:
1. Grant of right of access to owner's property for the extraction of soil
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 for use on Phase I and Phase II of the County road project which
property is located in the N %s of the SW 1/4 and SW 1/4 of the NW 1/4, Section 6,
T5N, R67W.(hereinafter referred to as the "Property.").
2. Stockpile: County agrees to only stockpile material in a designated area on the
Property and to remove said stockpile on or before December 31,2003. The County
agrees to control weeds on the stockpile with adequate natural grass or other cover.
3. Royalty: The County agrees to pay the Owner a royalty of $ .50(fifty cents)per ton
for all material removed from the property during the term of this lease. Such royalty
is to be paid by the end of the month succeeding removal. The amount of material
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extracted shall be solely at the discretion of the County based upon the depth of the
groundwater and the suitability of and demand for the materials to be extracted.
4. County agrees to improve widen and maintain during mining the access to the public
road to allow for safe ingress and egress of trucks.
5. Owner warrants that he is the owner of the property and the right to remove soil and
will defend title thereto against all claims.
6. County agrees to remove and stockpile 6 inches of topsoil in a designated area
approved by Owner for use by the owner.
7. Owner agrees to be responsible for the reseeding,reclamation,and restoration of the
borrow area at his discretion.
8. Permits, Books and Records: The County agrees to keep accurate records of all
material removed from said described lands and will, at all reasonable times, make
records available to Owner for his or her inspection. County agrees to obtain, at its
expense,all necessary permits from the Colorado Division of Minerals and Geology
and the County.
9. Notices: Any notice or demand by Owner or the County shall be in writing and
forwarded by certified mail to the following address:
Owner: Martin Lind
305 Teal Court
Windsor, Colorado 80550
County: Weld County Public Works Department
P.O. Box 758
Greeley, Colorado 80632
10. Non-assignment: This Agreement shall not be assignable without prior written
consent of County or Owner, whichever is the non-assigning party.
11. 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
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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.
12. 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.
13. 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 WHEREO e part'-s have set their hands on the day and year first above
written.
OWNER:
��• d
ATTEST: /14,11'"/f<>.:. E BOARD OF COUNTY COMMISSIONERS
WELD OtJIaTTY, COLORADO
Weld County Clerk to the :�a86r� (;� ""o ��
ll00 i • 4411
ZfjCA
BY: Y— ��s- � Glenn Vaad, Chair (01/.28 aoo�
Deputy Clerk to the rL e
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