HomeMy WebLinkAbout820327.tiff RESOLUTION
RE: APPROVAL OF GRAVEL PURCHASE AGREEMENT FOR USE OF GRAVEL
FOR ROAD PURPOSES BETWEEN WELD COUNTY AND DICK'S EXCAVATING
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, Weld County is in need of gravel material for the
construction of county roads, and
WHEREAS , Dick' s Excavating owns certain stockpiled gravel,
located at 933 North 11th Avenue, Greeley, Colorado 80631, which
is suitable gravel material for use in construction of county
roads, and
WHEREAS, an agreement for the purchase of said stockpiled
gravel between Weld County and Dick' s Excavating has been presented
to the Board of County Commissioners :
the terms and conditions of said sale are set forth in
the attached Exhibit A, incorporated herein by reference
WHEREAS, the Board of County Commissioners deems it advisable
and in the best interests of Weld County to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the gravel agreement for
road purposes between Weld County and Dick' s Excavating be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board is hereby authorized to sign said gravel agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
February, A. D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1,U .- 7G
J _Lin: Chirman
' « be uck Carts , Pro Tem
ATTEST: �� " d .,.�, : e a (NO)
Norman 71,7o
eIZfl
d County Clerk and Recorder G�4 /I• •
_ ,_C
A ne K. Steinmar���k 7J7l��J
Deputy Coun lerk
AP1k2QVED S TO FO • 7 DATE PRESENTED: FEBRUARY 10, 1982
/ RM
1 t s as' . 21,.-, ' A 20 32 7
County Attorney
GRAVEL PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this 10th day of
February, 1982, by and between the Board of County Commissioners
of Weld County, Colorado, hereinafter called "County" , and Dick' s
Excavating of Box 1265, Greeley, Colorado, hereinafter called,
"Dicks" .
WHEREAS, Dick' s is the owner of certain stockpiled gravel
located at 933 North Eleventh Avenue, and
WHEREAS, County wishes to purchase such gravel free and clear
of any liens or any other rights other than those indicated herein.
NOW, THEREFORE, the County and Dick' s, for the consideration
hereinafter named, agree as follows:
1. Dick' s shall leave all gravel material indicated in
paragraph 2 below, on the property located at 933 North Eleventh
Avenue, such property being purchased by County.
2 . It is agreed to between the parties that the amount of
gravel on the property is as indicated below and the price to be
paid by County to Dick' s shall be the sum indicated herein:
TONS AMOUNT PER TON BALANCE
7, 258 of Pit Run $ 1. 00 $ 7, 258. 00
1, 500 Screened Rock 1. 00 1, 500. 00
19, 700 3/4" Road Base 2 . 25 44, 325. 00
TOTAL $53, 083. 00
County is to pay the total amount due on closing of the real
# of
estate on which the gravel is located. FromAthe total amount due,
Dick' s shall allow County to deduct a discount to be allowed at the
rate of 15% per annum for the time between the closing date on the
subject property and July 1, 1982 .
3. Dick' s guarantees that he has free and clear title to
all gravel located on the subject property and that in the event
any lien or any claim shall be made by another person on such
gravel, Dick' s agrees to take all steps necessary and proper for
the release and discharge of such lien or claim and agrees to
indemnify and save harmless the County from all costs incurred in
releasing, satisfying, and discharging any such liens or claims
including reasonable attorneys fees.
IN WITNESS WHEREOF, the parties have hereto executed this
Agreement at Weld County, Colorado on the 10th day of February,
1982.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, /C0OLORADO
J q n T. Martin, Chairman
i
rf
C uck Carls n, Pro-Tem
6Lfreetr‘-.-1 41O
Norman Carlsoon-e
C.W. irby" /
ATTEST: Vila,„ C o aVI
K. Stein a
Weld County C erk and Recorder
and Clerk to the Board
BY: ;r-mn1 (6 45i
Deputy County Clerk
Dick' s Excavating
C,r,
BY: r/22.fit,/C e-Ck-2-c,
Gary R. Sears
Agent for Richard Geisert
-2-
•
AlaIle", Witalieel gin:Id-MC&
P.O. Box 193
Fort Lupton, CO 80621
(303)857-6133
February 8, 1982
Weld County Commissioners
Re: Gravel Agreement
We the undersigned bing Dick's Excavating and Boulder Creek Gravel Products
agree to sell to the County of Weld, Colorado certain gravels which are
presently located on North llth Avenue at Dick's Excavating pit.
Dick's Excavating agrees to pay Boulder Creek Gravel Products $1.75 per ton
for 3/4" road base and .50 per ton for pitrun which has been measured by
the County of Weld, on the condition that the County buys said material from
Dick's Excavating. Present stockpiles are located on North 11th Avenue, in
Greeley, at Dick's Excavation. Boulder Creek Gravel Products will be paid
I00% of prices quoted minus those rental payments due on dragline and royalty
which are due and owing.
At the time of purchase of gravel by the County we the undersigned indemnify
the County of any further indebtedness or future claims which might be
brought against said gravel because of our ownerships.
Boulder Creek Gravel Products
Clinton A. Anderso Q14 ate `7."?
President
Seal_
James M. Coan / "-- Late 2-f_
Dick's Excavating
Gary R. Sears C Date •
�Z
General Manag
Francis Geisert ate /a �"�{
Dick Geisert e„f/OfS
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