HomeMy WebLinkAbout20033416.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - JUNE H. LEHR LIVING TRUST
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 the
June H.Lehr Living Trust,commencing December 1,2003,with furtherterms 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 the June H. Lehr Living Trust 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 17th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
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COUNTYORADO
ATTEST: ilategki , a
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Weld County Clerk to the C �v
ippA Ro ert D. sden, Pro-Tem
BY: �.
Deputy Clerk to the
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AP ED AS Tk7
Willia H. Jerke
County AtCounty r�y
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Date of signature:
2003-3416
EG0047
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this I day of 1 PA De ,
200 3, 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 June
H. Lehr Living Trust 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-83-
213 generally located in part of the SE 1/4 § 1, T10N, R67W of the 6th P.M., Weld
County, Colorado, known as the Lehr 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 Owners predecessors in interest including June Lehr and the June
Lehr Living Trust.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay
Owner a royalty of $.55 (fifty 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. The COUNTY agrees to pay a flat fee of $1,000 per year due
January 30 of each year to hold the lease regardless of the amount of material to be
removed on any given year
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 Owner.
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4. SPECIAL PROVISIONS COUNTY, will stockpile topsoil and replace when the mining
is completed. COUNTY will be responsible for keeping cattle within the fence during
any period the COUNTY is actively hauling or mining by installing a temporary cattle
guard or gate.
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:
June H. Lehr Living Trust Weld County Public Works
Trustee: Victor Lehr P.O. Box 758
RR1, Box 112A Greeley, Co 80632
Texhoma, OK 73949
7. TERM: The term of this Agreement shall be from Lk( • I, -OO3 , the date of
execution, to and until five 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
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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 a day
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ATTEST: IL,, �� ' COUNTY:
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By: •wit G. I'A!/� '���...:��� ST'� By:
Deputy Clerk to th-� :)„ �� Davi E. Lon , Chairman,
Board of County Commis loners of the 12/17/2003
County of Weld, State o Colorado
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MEMORANDUM
IDC TO: Esther Geisick, Clerk to the Board DATE : 12/11/2003
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Work/County Enginee
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 the
June H. Lehr Living Trust.
The appropriate documentation is enclosed.
Enclosures
pc: Greg Nelson, Mining Supervisor
M:\Francie\AG EN DA-1.I)OC'
2003-3416
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