HomeMy WebLinkAbout20020587.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 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, 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 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 11th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL �OLORADO
ATTEST: at,�- ,/��C,f�l _ ♦ r-�-/
Glen ad, C air
Weld County Clerk to t( B. .t�6
pan.
1861 (' ►�AW°
8rWx` �I David E. Long, Pro-Tem
BY: _-Gr �. �►.',1�I}•A:."f�*" �I
Deputy Clerk to the " �•� ), EXCUSED
M. J. Geile
APP D AS TO F i
lia H. Jerke
Robert D. Mas en
Date of signature: '-/
2002-0587
EG0046
41101 MEMORANDUM
TO: Clerk to the Board DATE: March 4, 2002
FROM: Frank B. Hempen, Jr.
WilgC 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 between Jack
and Shirley Fiscus, 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:\W PFILES\Francie\AGENDA-4.IRC.wpd
2002-0587
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT,made and entered into this 7n' day of ,200?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
hereinafter 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, 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 :described in Minerals
and Geology Reclamation Permit #M-1999-115 generally located in part of the SW '/4, § 7,T1 ON,
R57W of the 6th P.M., Weld County, Colorado, known as the 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 including the material stockpiled on the property.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay Owner
a royalty of.$ .55 (fifty five 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 10,000 tons per
calendar year,commencing January 1,2002 or to pay for same as if extracted as an annual minimum
payment.
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 FISCUS. COUNTY, as additional
consideration for this agreement, agrees, on a one time basis, to place soil and gravel on the drive
to the residence between the residence and the intersection with the haul route to improve the drive
so that it is a one lane driveway adequate, in the COUNTY's judgement, to accommodate a school
bus.
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:
Jack and Shirley Fiscus Weld County Public Works
66410 WCR 120 P.O. Box 758
New Raymer, CO 80742 Greeley, CO 80631
7. TERM:The term of this Agreement shall be from the date of execution to and until ten 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.
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.
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 1 /A day of
, 20oz .
OWNERS:
k Fiscus
Shirley Fiscus
•
ATTEST: ik BOARD OF COUNTY COMMISSIONERS
COUNTY,
County Clerk tot i o: ,�. WELD COLORADO
1861 ,r ,„ =;
By: ► yL
Deputy Clerk to the Bo O?`t Glenn Vaad, Chair 03/11/2002)
APPROVED AS TO FO
Br T. Barker
ld County Attorney
m:\WPFII.F.S\AGRFFMNI\fiscus.wpd
Hello