HomeMy WebLinkAbout800392.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY AND FARR FARMS COMPANY
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, Farr Farms Company, Farr Feeders, Inc. desires to
obtain fill material for its feedlot operations in Weld County,
Colorado, and
WHEREAS, it is the desire of Weld County, Colorado to have
the subject property leveled in order to facilitate the storage
of County equipment and/or materials, and
WHEREAS, an agreement between Farr Farms Company, Farr Feeders ,
Inc. and Weld County, Colorado has been prepared and presented to
the Board of County Commissioners of Weld County, Colorado for
approval, and
WHEREAS, the term of said lease shall be until December 31 ,
1980, and
WHEREAS, the Board of County Commissioners has studied said
agreement and deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
Farr Farms Company, Farr Feeders, Inc. and Weld County, Colorado
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of the
Board is hereby authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
August, A.D. , 1980.
� / BOARD OF COUNTY COMMISSIONERS
ATTEST: 1y 1IL 6, 4-awyA WELD COUNTY, COLORADO
Weld County lerk and Recorder e �cti /
and erk to the Bo d C. W. �by/,� CHairman
/ G putt' ounty lerk Leonard L. Roe, Pro-Tem
r ` _Cadre...-
.
APPROVES FORM
>�J� Norman Carlson
County Attorney
Lyd Dun ar
LG ' co J e K. St inmark
800392
DATE PRESENTED: AUGUST 6, 1980
AGREEMENT
THIS AGREEMENT made and entered into this 6th day of
August , 1980 by and between the COUNTY OF WELD,
STATE OF COLORADO, hereinafter called "County" , and FARR FARMS
COMPANY, FARR FEEDERS, INC. , a Colorado corporation, hereinafter
called "Farr" .
For and in consideration of the mutual covenants and con-
ditions hereinafter set forth, the parties mutually agree as
follows :
1. Term of Agreement. The term of this agreement shall
be from the date of execution to and until December
31, 1980.
2. Purpose. It is the desire of Farr to obtain fill
material for its feedlot operations in Weld County.
It is the desire of the County to have the subject
property leveled in order to facilitate the storage
of County equipment and/or materials. In furtherance
of these purposes, Farr agrees that during the course
of this agreement it will level the subject property
to the specifications set forth in the attached study
marked as Exhibit "A" and incorporated herein by
reference.
3. Rights Granted - Property Description. The County
hereby agrees to grant to Farr the right to remove
fill material from the following described property
situated in Weld County, Colorado:
A tract of land located in the North Half of the
Southeast Quarter of Section 1, Township 5 North,
Range 65 West of the 6th Principal Meridian in
Weld County, Colorado, being more particularly
described as follows :
Said parcel is bounded on the West by the North-
South centerline of Section 1; bounded on the
North by State Highway 263; bounded on the South
by the Ogilvy Ditch; and on the East by the pro-
perty presently owned by the Weld County Humane
Society.
4. Royalty on Fill Material. Farr agrees to pay to the
County a royalty of fifteen cents (15$) per cubic yard
for all fill material removed during the term of this
agreement.
The County agrees to conduct and prepare a topo-
graphical study of the subject property before any
material is removed and again after Farr has removed
all material pursuant to this agreement so that the
volume of material removed may be readily determined.
Farr agrees to pay the above stated royalty to the
County within thirty (30) days of the date on which
the County bills Farr for said material.
5. Permits. The parties hereto believe that no permit
is necessary pursuant to The Mined Land Reclamation
Act, however, if said permit is required Farr shall
be responsible for obtaining said permit.
6. Equipment and Operations. The parties hereto agree
that Farr will provide all equipment and labor for
the removal of said fill material. Farr agrees to
work the subject property in a good and workmanlike
manner in accordance with the customs and practices
of sand and gravel pit operators.
7. Books and Records . The County agrees to keep accurate
records of all material removed from said described
lands (see paragraph 4 above) and will, at all reason-
able times, make said records available to Farr for
his inspection.
8. Agreement to Indemnify. Farr agrees to indemnify and
keep the County harmless from all claims and demands
of whatsoever kind and character resulting from any
act, operation, or negligence of Farr on the subject
property or in connection with this agreement.
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9. Notices. Any notice of default or of termination of
this agreement and all notices and demands in writing
required or that may be given hereunder, if to Farr
shall be forwarded by certified mail, addressed to:
Farr Farms Company, Farr Feeders, Inc. , Box 878,
Greeley, Colorado 80632, and if for the County, shall
be forwarded by certified mail, addressed to: Board
of County Commissioners , County of Weld, 915 10th Street,
Greeley, Colorado 80631.
IN WITNESS WHEREOF, the parties hereto have duly executed
this agreement the day and year first above written.
// "7. BOARD OF COUNTY COMMISSIONERS
ATTEST:�� (9✓vwa WELD COUNTY, COLORADO
Weld County Clerk and Recorder
`•C
and Clerk to t e, oard By: (1°,1A
C. W. Kirby, airman
By.
Deputy Cou ty Clerk
FARR FARMS COMPANY
FARR C.
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