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Home My WebLink About20050793.tiff RESOLUTION RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - KEITH AND SHIRLEY ASHBAUGH 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 Keith and Shirley Ashbaugh, 39434 Weld County Road 115, New Raymer, Colorado 80742,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 Keith and Shirley Ashbaugh 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 ; . g vote on the 9th day of March, A.D., 2005.Ci $.17- S., BOARD OF COUNTY COMMISSIONERS ^ �� f WELD COUNTY, COLORADO T William H. ke, Chair Oeld, < e� Clerk to the Board M. eile, rr em BY:, ,I.h//I� li � Deputy Cler to t Board _ Davi• E. Lo APP AS TO • \NI) Robe D. Masden ounTy Atforn EXCUSED _ Glenn Vaad Date of signature: 2005-0793 EG0052 OC : -?CJ Ca co„.3-- 03 -a5 --OS AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made and entered into this 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 Keith and Shirley Ashbaugh, 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 sand 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§ 15, T7N, R59W of the 6th P.M., Weld County, Colorado, known as the Ashbaugh 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 sand or gravel from the Property. ( separate soil pit run only? 2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: COUNTY agrees to pay OWNER a royalty of.$ .75 (seventy five cents) escalate who pays severance per ton for all soil and sand 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. 1 2005-0793 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 January 1, 2005 of any soil and sand 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 sand or gravel he shall consult with County to determine from which stockpile the soil and sand 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. PERMITS - COUNTY shall be responsible for obtaining all necessary State, COUNTY, and Federal permits. Including the cost of any necessary surveying for the mining operation on the subject premises at its own expense which permits will not include asphalt or concrete batch plants. COUNTY shall consult with OWNER during the permitting process and to exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation on the premises 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 Weld COUNTY and to execute any necessary documents to assist Weld 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. 7. 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: Keith and Shirley Ashbaugh 39434 WCR 115 Weld County Public Works New Raymer, Co 80742 P.O. Box 758 Greeley, CO 80632 8. 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. 9. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of County or Owner, whichever is the non-assigning party. 2 10. 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. 11. 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. 12. 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 day of , 20 OWNER: O /2 Lett.C.L9 L STATE OF COLORADO ) ) ss COUNTY OF Weld COUNTY ) The forgoing instrument was acknowledged before me this X day of ,ugh-N-it ,200 rj,by Keith Ashbaugh and Shirley Ashbaugh. Witness my hand and official eal. •'PJ.BE�••.. :'o�NOTARy;13% 4;im& 9 44 ///'t2 e o• Notary Pub t 8. URL •• P \C:c\. .. *1 EL/ .4 ••...... ,,p o .... i i� My Commissionn Expires April 2008 n expires: ti 1861 � �,:,,,,,i_ ��G' i1 �iU O 4' K s • kCOUNTY: Off w+. •(� Clerk to the Board By: &t/2O /l 4,4/6/LJ By: T ��jli � Deputy Clerk to the Board Will i am H. Jerke ,Chairman, 03/09/2005 Board of County Commissioners of the County of Weld, State of Colorado APPRO TO Bru arker W County Attorney M:\Wpfiles\AGREE\PUB WORKS\ashbaughfinal.wpd bves- 69793 Hello