HomeMy WebLinkAbout20012956.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - PETERS 313 RANCH, INC., C/O
JOHN PETERS
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 Peters 313 Ranch, Inc., do John Peters, commencing upon full execution of said
agreement, and ending ten years following commencement date, 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 Peters 313
Ranch, Inc., do John Peters 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 October, A.D., 2001.
BOARD F COUNTY COMMISSIONERS
ELD OUNTY, COLORADO
ATTEST: Midi �.' , tUti
J Geile, Chair
Weld County Clerk to the
ie-ibuil H �lenn Vaad, Pro-Ter
Deputy Clerk to the Board VVEXXCaaUnnS..ED DATE OF SIGNING (AYE)
APPROVED AST RM: Jere
v' E. L11on`gI C�
ounty Attorney 2 \\
/Q/ Robert D. Masden
Date of signature: too
2001-2956
EG0041
ed.' Ale? Pefcrs
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this 11`h day of November, 2001, 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 JOHN PETERS, Peters 313
Ranch, Inc., Hereford, CO 80732, 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 : Peters Gravel Pit, located in Section 27, Township 12 North,
Range 63 West of the 6th P.M., Weld County, Colorado (hereinafter referred to generally
as the "Property."). County agrees to use its best efforts to reduce the disturbance of any
more pasture land than is necessary in order to accomplish the extraction contemplated by
this Agreement. The term "extraction" as used in this Agreement shall include the
excavation, storage, and removal of soil and\or gravel from the Property.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay
Owner a royalty of.45 cents per cubic yard for all soil and\or gravel extracted during the
term of this Agreement. Such royalty is to be paid by the end of the month in which the
material is 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 in good condition and to
obliterate said haul road at the termination of this Agreement.
Page 1 of 3 Pages
4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL: Owner may take
up to 100 cubic yards per year of any soil and\or gravel stockpiled by the County on the
premises for use on his driveways or yards. Owner agrees that prior to taking said soil
and\or gravel, he shall consult with County to determine from which stockpile the soil
and\or gravel may be taken.
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: John Peters COUNTY: Weld County Public Works
Peters 313 Ranch, Inc. P.O. Box 758
Hereford, CO 80732 Greeley, CO 80632
7. TERM: The term of this Agreement shall be from the date of execution to and until ten
(10) years, 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.
Page 2 of 3 Pages
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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 11th day of
October, 2001.
OWNER:
PETERS 3 3 RANCH, IN C47
\ a4. �_ .
� .� moo. . .
BY:
ohn Peters
ATTEST: ateil r� 1. 1 L �, COUNTY:
Weld County Clerk to th- r oa t' A. BOARD OF WELD COUNTY
tti :i $
COMMISSIO, 1861 fiv
11,
By: L..1.,01, , , • •v A.,, By:
��'
Deputy Clerk to the Boar. N �r M. . Geile, Chair
(10/17/2001)
APPROVED AST FORM:
Bruc . Barker
ld County Attorney
M:\AGREEMENI\Gravelpit-Haul Routes\peters.01.wpd
Page 3 of 3 Pages
MEMORANDUM ;
CTO: Clerk to the Board DATE: October 12, 2001
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Request for Chair's Signature
Please submit the enclosed Agreement for the Chair's signature.
Agreement for Use of Soil and/or Gravel for Road Purposes with John Peters
Enclosures
pc: Jeff Jerome, Operations Division Manager
Greg Nelson, Mining Supervisor
2001-2956
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