HomeMy WebLinkAbout20000607.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - PHILLIP AND SARAH
PFANNEBECKER
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 the 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 Phillip and Sarah Pfannebecker, 24331 Weld County Road 32, LaSalle, Colorado 80645,
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 the 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 Phillip and
Sarah Pfannebecker 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 13th day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
I / W� Y, COLORA O
ATTEST: %�` ::•'; . / P/L
t'4 E 1.a�% Barbara J. irkmeyer, C air
Weld County Clerk to th= :o
r JV bi ' Q/2
less =;r ' 1 M. J. G le, Pro-Tem
BY: . :�
Deputy Clerk to the , `
U N'S / George . Baxter
APPROVED AS TO FORM: EXCUSED
Dale K. Hall
Co Aty ttor %G.',041 '
71
Glenn V aEi-
2000-0607
/ EG0039
D<' ; PLO, i�
1 /a ryvrtp UCC/62
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this /CI 1 day of /22t91ZC H
2000, 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 PHILLIP and SARAH
PFANNEBECKER, 24331 WCR 32, LaSalle, CO 80645, hereinafter referred to as "Owner."
WITNESSETH:
WHEREAS, County is in need of soil for the widening of County Road 49.
WHEREAS, Owner owns certain land on which there is soil suitable for use in construction
of County Road 49.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. 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 South Half the of Southwest * of Section 18, Township 3 North, Range 64 West
of the 6`h P.M., Weld County, Colorado.
3. ROYALTY ON SAND AND GRAVEL: The County agrees to pay the Owner a royalty of
.50 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. ACCESS: The Owner agrees to provide land for a haul road and direct access to the work
area. The County agrees to construct and maintain said haul road in good condition and to
obliterate haul road at the termination of this agreement.
5. 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 his or her inspection.
Page One of Three Pages
2000-0607
6. 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: Phillip and Sarah Pfannebecker
24331 WCR 32
LaSalle, CO 80645
COUNTY: Weld County Public Works Department
P.O. Box 758
Greeley, CO 80632
7. TERM: The term of this Agreement shall be from the date of approval of the section 111
permit from the Division of Minerals and Geology until final release by the Division of
Minerals and Geology, unless sooner terminated in writing by either party. Said notice of
termination must be received at least twenty (20) days prior to the stated date of termination.
In any case, all mining and removal of soil shall be completed within six months of the
effective date of this agreement.
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 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 Two of Three Pages
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 an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto signed this Agreement this IU _ day of
Mlt fY:h , 20( ' .
:PHILLIP PFANNEBECKER SARAH PFANNEBECKER
By/------ -27... ,-Z----- B c
STAT LO O )
County of Weld ) ss.
)
The forgoing instrument was acknowledged before me this /O&l,day of ` 0)01.-ek,
1998, by.PHILLIP PFANNEBECKER & SARAH PFANNEBECKER
Witness my hand and official seal.
?Ala., ?4/1/J&.
Notary Public
My commission expires: . /e q/U /
ATTEST: ►/ i �', a` BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the = 'are „� WELD COUNTY, COLORADO
1861
li
By: W..lice
r�� � 11 1 By: ,G. at4Q ..1 /,1J4u &_
Deputy Clerk to the Boa �
� � Barbara J. Kirkmey r, Chair f /3/2000)
APPROVED AS TO FQftM:
7 ,Lz<,l r 74z 4 l %,ce T. Barker
Weld County Attorney
Page Three of Three Pages
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