HomeMy WebLinkAbout20001679.tiff RESOLUTION
RE:: APPROVE AGREEMENT CONCERNING PURCHASE OF BORROW MATERIAL FOR
FILL FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 AND
AUTHORIZE CHAIR TO SIGN -ANDESITE ROCK 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, the Board has been presented with a Agreement Concerning Purchase ot
Borrow Material for Fill for Certain Improvements to Weld County Road 126 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 Andesite Rock Company, 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 Concerning Purchase of Borrow Material for Fill for
Certain Improvements to Weld County Road 126 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 Andesite Rock Company 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 12th day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
Lif WELD COUNTY, COLORA O
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ATTEST: 1. ��i �_ -5 At i_p_ 1,/ {,it iit ;2 --
f '4 arbara J. meyer, Chair
Weld County Clerk to tl 8+ .',ti i.D 1/49 _1 i�
A .i�►�► 7 2 •
,4 M. J. ile, Pro-Tern
BY: u..i. • (-f
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Deputy Clerk to the Boa .` /►� " �c __
torg E. Baxter
3P�OXD AS TO/FORM: \v�
a e all
/eYJ '114O//e/4-)01f)ount Attorn
Glenn Vaad
2000-1679
a : PIO J'ndes;1e Pi. , I-`r EG0039
(11
MEMORANDUM
CTO: Clerk to the Board DATE: July 10, ?0G,)
•
COLORADO FROM: Drew Scheltinga, Engineering Manager
SUBJECT: Agenda Item A6 ' , it, t
Please submit the following item for the Board's June 12,2000, agenda.
Agreement Concerning Purchase of Borrow Material for Fill from Property Owned by Andersite
Rock Company
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
20JU . 79
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AGREEMENT
CONCERNING PURCHASE OF BORROW MATERIAL FOR FILL FROM PROPERTY
OWNED BY ANDESITE ROCK COMPANY AS PART OF CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD (WCR) 126
THIS AGREEMENT is made this 12thday of July , 2000, by and between.
Andesite Rock Company, a Colorado corporation, whose address is 7321 East 88`h Avenue,
Henderson, Colorado 80640, hereinafter referred to as "Owner," and the County of Weld, a body
corporate and politic of the State of Colorado,by and through its Board of County Commissioners.
vvhese address is 915 10`h Street, Greeley, Colorado 80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 126,and
WHEREAS,Owner owns the property located in Section 27,Township 11 North,Range 67
West of the Sixth Principal Meridian, which is located adjacent to a portion of WCR 126 being
improved; and
WHEREAS, County is in need of borrow material for fill to construct the improvements to
WCR 126, and
WHEREAS, Owners wish to cooperate with County by agreeing to sell borrow material
NOW, THEREFORE, the parties herein agree as follows:
1. Owner hereby permits County to enter its property and remove approximately 15,000
cubic yards of borrow for fill to be placed on WCR 126. The Borrow will consist of
over burden earth material located between the surface top soil and aggregate
deposits located approximately four feet deep.
2. Owner will be reimbursed Fifty Cents($0.50)per cubic yard for all borrow removed
from Owner's property.
3. Owner will direct County as to the location and depth where the borrow is to be
removed. County will remove and stock pile approximately six inches of top soil
from the borrow area at the owner's direction.
Sheet 1 of 2
4. County will survey the area from which the borrow is being removed before anc.after
the borrow has been removed to determine how many cubic yards have been removed
from owner's property and to keep accurate records and will make said records
available to Owner for inspection.
5. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein.
and no oral representation,promise,or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend lo
and be binding upon the heirs, executors, administrators, successors, and assigns of their
respective parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
ATTEST: ;�O�pNY PUBI,�so
ANDESITE ROCK COMPANY:
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KIcM� ,
By: i � cCI�tlstgy f
Corp!r `•Secretary:'Q":".
%t% e 'CO''''' Operations Manager
My Comm.Expires Jan.t,2002
ATTEST: BOARD OF COUNTY
=y, COMMISSIONERS
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Weld County Clerk to the ear-, aa�!r _ WELD COUNTY, COLORADO
c" �r
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Deputy Clerk to the Boar '(S Barbara J. Kirkmeyer, Chair
(07/12/2000)
M:\WPFILES\Agreement\Borrow\wcr126andesite.wpd
Sheet 2 of 2
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