HomeMy WebLinkAbout20050738.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - GRANT FAMILY FARMS
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
Grant Family Farms, 515 Weld County Road 72, Wellington, Colorado 80549, 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 Grant Family Farms be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
'�•�• •reement.
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•p ve and foregoing Resolution was, on motion duly made and seconded, adopted by
rim to on the 7th day of March, A.D., 2005.
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�� 1.. •� BOARD OF COUNTY COMMISSIONERS
sC asty '� WELD COUNTY, COLORADO
William H erke, Chair
Weld County Clerk to he oar
M. J. 'le, Pro-Te
BY: �GLC ) ,(97
Deputy t fheBoard C.x,t C
David E. Long
APPRO AS TO F .
EXCUSED
Robert D. Masden
oun y Attor ey
EXCUSED
Glenn Vaad
Date of signature: S).-C--
2005-0738
EG0052
e : f A),
KitMEMORANDUM
WI I II C TO: Clerk to the Board DATE: February 28, 2005
•
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engine
SUBJECT: Agenda Item
Agreement for Use of Soil and/or Gravel for Road Purposes with Grant Family Farms.
Please return one original Agreement to Public Works as soon as it is signed.
pc: Jeff Jerome, Operations Division Manager
Mona Weidenkeller
Grant Family Farms file
M:AFrancieAAgend-I.doc
��s-E)738
EC OME,
FEB 2 B
Lewis O. Grant February 26, 2005
515 W. County Rd 72 WELD COUNTY PUBLIC WORKS DEPT
Wellington, CO 80549
Ph: 970 568 3309
Fax: 970 568 7655
Cell: 970 218 4411
Email: hzrant3309@aol.com
Mr. Jeffery Jerome,
Operations division Manger
Public Works Department
1111 H Street,
P.O. Box 758
Greeley, CO 80632
Dear Mr. Jerome,
I have signed and enclosed the two copies of the agreement between Grant Family
Farms and Weld County.
There should be considerably more soil available than in the agreement should it turn
out that your needs are greater.
Sincerely Yours,
Lew Grant �
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT,made and entered into this .9k# day of
200C by and between Weld County, Colorado, by and through the Board of of County
Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and Grant
Family Farms hereinafter referred to as "Owner."
WITNESSETH:
WHEREAS, County is in need of pit run material for the construction of county roads,
and
WHEREAS, Owner currently has approximately 50,000 yd3 ( fifty thousand cubic yards)
of pit run suitable for use in construction of county roads and 10,000 yd3 ( ten thousand cubic
yards) of soil 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, SAND OR GRAVEL THEREFROM: Owner hereby grants to
County the right to enter and have access onto the following described property situated
in Larimer County, Colorado, for the purpose of extracting soil, sand and gravel
therefrom for use on County's roads :described in Minerals and Geology Reclamation
Permit #Permit number is M2004-054 generally located in the N %2 of Section 11,
Township 9N,Range 69W of the 6th P.M., Larimer County, Colorado, known as the
Wellington Pit (hereinafter referred to generally as the"Property.")This grant of right
applies only to the removal of the two described stockpiles and does not apply to the
mining of materials.
2. ROYALTY FOR MATERIAL EXTRACTED: County agrees to pay Owner a royalty of
$ 2.50 (two dollars and fifty cents) per yd3 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 following the month in which the material is removed.
The COUNTY agrees to use its best efforts to extract both the entire approximately
50,000 yd3 and 10,000 yd3 stockpiles commencing February 20, 2005 and concluding by
March 31, 2005.
3. ACCESS: Owner agrees to provide land for a haul road and direct access to the work
area.
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4. OWNER'S RESPONSIBILITY TO MAINTAIN PERMITS: Owner represents that all
necessary State and local permits are in place and this agreement will not cause there to
be a violation of any such permits.
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:
Grant Family Farm Weld County Public Works
515 W. County Road 72 P.O. Box 758
Wellington, CO 80549 Greeley, Co 80632
7. TERM: The term of this Agreement shall be from the date of execution to and until both
stockpiles are removed.
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.
II. 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
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or benefits under this Agreement shall be deemed an incidental beneficiary only.
IN WITNESS WHEREOF,the parties hereto have signed this Agreement this it day of
, 20c1�'.
OWNER:
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COUNTY:
lerk to the Board
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O;-, r By: \l/`,L/
°"" t erk to a Board William H. Jerke, Chairman, MAR 0 7 2005
Board of County Commissioners of the
County of Weld, State of Colorado
APPROV AS TO FORM --
Bru . Barker
Weld County Attorney
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