HomeMy WebLinkAbout20040327.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - JOHN EHMKE
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 John
Ehmke,commencing upon full execution of said agreement,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 John Ehmke 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 26th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COU TY, C LORADO
ATTEST: � �'c i � � °�
��.,,,' =t Robert D. Masden, Chair
Weld County Clerk to t �: ` 432
William H. Je , Pro-Tem
BY: - -_ .9= - • — 1
Deputy Clerk to the Boa: fit /,`// ' 4---
M. G ile
AP V A M:
Davy . Long ,
unty torn y
A Glenn Vaad
ate of signature:
2004-0327
1 /ic EG0050
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AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this 1 day of 0lY1 ucJ v , 2004, by and
between Weld County, Colorado, by and through the Board of County Co issioners oV`the County of Weld,
Colorado, hereinafter referred to as "County," and John Ehmke 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-83-201 generally located (WCR 107 and WCR 384) in part of the SE '/a Section 12,
Township 10 North, Range 60 West the 6th P.M., Weld County, Colorado, known as the Ehmke Gravel
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 including the right to remove any material stockpiled on the property
pursuant to agreements with the Owner.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay Owner a royalty of
$.45 (forty-five cents) per cubic yard 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 during which the material was removed.
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 and cattle guard in good condition and to obliterate said
haul road at the termination of this Agreement if requested by Owner.
4. SPECIAL PROVISIONS: COUNTY, will stockpile topsoil and replace when the mining is completed.
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.
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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:
John Ehmke Weld County Public Works
58519 WCR 107 P.O. Box 758
Grover, Colorado 80729 Greeley, Colorado 80632
(970)895-3287 (970)356-4000, extension 3750
7. TERM: The term of this Agreement shall be from ten (10) years from the date of execution 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.
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 26th day of
January , 20 04 .
OWNER:
2 ot e
John Ehmke
ATTEST: Mid BOARD OF WELD COUNTY COMMISSIONERS
E,LAI
Weld County Clerk to tlt:o. . ' -
berg
By: grit— 6 '. ''" c..r �I By:
Deputy Clerk to o Robert D. Masden, Chair (01/26/2004)
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MEMORANDUM .
CTO: Esther Geisick, Clerk to the Board DATE : 1/19/2004
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COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Work/County Engineer
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda.
Agreement for Use of Soil and/or Gravel for Road Purposes with John Ehmke.
The appropriate documentation is enclosed.
Enclosures
pc: Greg Nelson, Mining Supervisor
M1FrancieAAGENDA-I DOC
2004-0327
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