HomeMy WebLinkAbout20001243.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - HS RESOURCES, INC.
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 HS Resources, Inc., with 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 HS
Resources, Inc., 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 22nd day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
n /� l _0 WE D COUNTY, COLORADO
ATTEST:f / D O A J. l/ tell B t Q
�6 arbara J, kirkmeyer, Chair
Weld County Clerk to the Board
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p Clerk to the BoardSt s
eon a E. Baxter
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AS TO FORM:
r in - Dale K. Hall
rye my Attor ey / Ct.c/ hr
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Glenn Vaad
2000-1243
EG0039
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AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES\
THIS AGREEMENT, made and entered into this iC day of it'��r 2000, by
and between Weld County, Colorado, by and through the Board of County mmissioners of the
County of Weld, Colorado, hereinafter referred to as "County," and HS Resources, Inc., 3939
Carson Avenue, Evans, Colorado 80620, hereinafter referred to as "Owner."
WITNESSETH:
WHEREAS, County is in need of soil for structural fill of County Road 35.
WHEREAS, Owner owns certain land on which there is soil suitable for use in
construction of County Road 35.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. REMOVAL OF SOIL MATERIAL. County may use its equipment to remove the
soil from Owner's land.
2. PROPERTY DESCRIPTION. The Owner hereby agrees to grant to the County the
right to enter the following described property situated in Weld County, Colorado:
The Southeast of the Southeast quarter of Section 13, Township 3 North, Range 66 West
of the 6th P.M., Weld County, Colorado.
3. ROYALTY ON SAND AND GRAVEL. The County agrees to pay the Owner a
royalty of.65 cents per cubic yard for all material removed during the term of this lease. Such
royalty is to be paid by the end of the succeeding month after the material is removed.
4. BOOKS AND RECORDS. The County agrees to keep accurate records of all
material removed from said described lands and will, at all reasonable times, make said records
available to Owner for its inspection.
5. NOTICES. Any notice of termination or other demand by the Owner or the County
shall be in writing and forwarded by certified mail to the following address:
OWNER: HS RESOURCES, INC.
3939 Carson Avenue
Evans, CO 80620
COUNTY: Weld County Public Works Department
P.O. Box 758
Greeley, CO 80632
1
6. SOIL MATERIAL. Owner agrees that the soils material from the location noted
above has been laboratory tested and approved by same to be suited for reuse as fill material.
7. INDEMNIFICATION. The County shall indemnify and hold harmless Owner, its
officers, directors, shareholders, employees, representatives, agents, successors and assigns, from
and against any and all Losses and interest thereon which arise from or in connection with the
County's activities on Owner's land, the removal of soil from Owner's land pursuant to this
Agreement, the use of the soil, or any damage, and harm or injury to any person or property
resulting from substances contained in the soil. For purposes of this Agreement, "Losses" shall
mean any actual loss, cost, expense (including reasonable fees and expenses of attorneys,
technical experts and expert witnesses), liability,judgments, payments, fines, penalties,
assessments and damages (including those arising out of demands, suits, sanctions of every kind
and character and interest paid on any of the foregoing).
8. NON-ASSIGNMENT. This Agreement shall not be assignable without prior written
consent of 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 action 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.
/illWITNESS WHEREOF, the parties hereto signed this Agreement this ptlay
of
, 2000.
HS RESOURCES, INC.
j `/ f
By:
ale Cantwell
Vice President—D-J Basin Manager
STATE OF COLORADO )
)
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this Al---
day of__Mt,
2000, by Dale Cantwell, as Vice President—D-J Basin Manager, of HS Resources, Inc.,
Delaware corporation, on behalf of such corporation.
Witness my hand and official seal.
I"'- LWGA S BUSK "�� 6,,,t,
t NOTARY PUBLIC
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t STATE OF COLORADO t Notary Public
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BOARD OF COUNTY COMMISSIONERS
A_ erk to the Board WELD COUNTY, COLORADO
,.- ( Fiy ;/ %ti . By• {� 4_/
p ��q P
Cler to the Board Barbara J. Kirkme er, Chaim
�ll�J ��1 � (05/22/2000)
APPROVED/AS TO FORM:
eY BT. Barl¢er
Weld County Attorney
3
a
MEMORANDUM
CTO: Clerk to the Board DATE: May l o, 2000
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's next agenda.
Agreement for Use of Soil and/or Gravel for Road Purposes
The appropriate documentation is attached.
•
Enclosures
pc: Drew Scheltinga, Engineering Division Manager
Bruce Barker, County Attorney p
200)- `;'d3
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