HomeMy WebLinkAbout20011995.tiff AGREEMENT FOR USE OF
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this i day of i,,,e
2001, by and between Weld County, Colorado, by and through the Board o aunty
ty
Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and
Jack Fiscus and Shirley Fiscus, 66410 WCR 120,New Raymer, Colorado 80742, hereinafter
referred to as "Owner."
WITNESSETH:
WHEREAS, County is in need of gravel for the construction of county roads, and
WHEREAS, Owner owns certain land on which there is soil 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 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 hauling gravel therefrom for use on County's roads: Fiscus
Pit, Section 7, Township 10 North, Range 57 West of the 6th P.M.
2. ROYALTY FOR GRAVEL HAULED: County agrees to pay Owner a royalty of$1.00
per ton for gravel hauled 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.
4. BOOKS AND RECORDS: County agrees to keep accurate records of all gravel removed
from said described lands and shall, at all reasonable times, make said records available
to Owner for his inspection.
Page 1 of 3 Pages
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5. 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: Jack & Shirley Fiscus COUNTY: Weld County Public Works
66410 WCR 120 P.O. Box 758
New Raymer, CO 80743 Greeley, CO 80632
6. TERM: The term of this Agreement shall be from the date of execution to and until
stockpiled material is gone, 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.
7. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written
consent of County or Owner, whichever is the non-assigning party.
8. 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.
9. 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.
10. 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.
Page 2 of 3 Pages
IN WITNESS WHEREOF,the parties hereto have signed this Agreement this /s ` day of
, 2001.
OWNER:
jacii
CK FISCUS SHIRLEY FISCU1
ATTEST: facetD �/� �.� BOARD OF COUNTY COMMISSIONERS
E L≥ WELD COUNTY, -LORADO
Weld County Clerk to the .ar,
1861 t 1/49
•
BY: /!/l. r�1r `� BY:
Deputy Clerk to the Bo\4�� >/ M. . eile, Chair (67-/8-Occi)
APPR DO FORM:
,Brut e . Barker � -
Weld County Attorney
M:\WPFILES\ZELMA\FORMS�scuspit.01.wpd
Page 3 of 3 Pages
Ce :411 MEMORANDUM ,
CTO: Clerk to the Board DATE: July 12, 2001
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's July 16, 2001, agenda.
Agreement for Use of Gravel for Road Purposes with Jack Fiscus and Shirley Fiscus
The appropriate documentation is attached.
Enclosures
cc: Jeffrey J. Jerome, Operations Manager
Greg Nelson, Mining Supervisor
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