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RESOLUTION
RE: APPROVAL OF GRAVEL PURCHASE AGREEMENT BETWEEN WELD COUNTY
AND BEN L. WALKER
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, Weld County is in need of gravel material for the
construction of county roads, and
WHEREAS, Ben L. Walker owns certain land on which there
is gravel material suitable for use in construction of county
roads, and
WHEREAS, a purchase agreement for gravel for road purposes
between Weld County and Ben L. Walker has been presented to the
Board of County Commissioners, and -
WHEREAS, the Board of County Commissioners deems it advisable
and in the best interests of Weld County to approve said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the purchase
agreement for gravel between Weld County and Ben L. Walker
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman 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 2nd
day of September, A.D. , 1981.
//,1 Y BOARD OF COUNTY COMMISSIONERS
ATTEST: (≤t 1'- WELD COUNTY, CO RADO
Weld County Clerk and Recorder r", (Aye)
and Clerk to the Board Clllck Carlso , Chairman
Y
� �GCC)� J ] ABSENT
Deputy unty C rk Norman Carlson, Pro-Tem
APPRO$'ED AS TO FORM: /A 1 �ivtly (Aye)
/ C. Ki by
7A!,2 County Attorney (A e)
T. Martin
(, (LZk(u (A e)
e K. einmark
a ► DATE PRESENTED: SEPTEMBER 8, 1981
f :,7 810651
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GRAVEL PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this 2nd day of September
, 1917, by and between the COUNTY OF WELD, STATE OP COLORADO,
hereinafter called "County" , and BEN L. WALKER, hereinafter called "Owner".
For and in consideration of the mutual covenants and conditions here-
inafter set forth, the parties mutually agree as follows:
1. Term of Agreement. The term of this agreement shall be from the date
of execution to and until three years later.
2. Rights Granted - Property Description. The Owner hereby agrees to
grant to the County the right to explore for, develop, excavate,
process, stockpile, and remove sand, gravel , and rock from and on
the following described property situated in Weld County, Colorado:
The north : of Section 30, Township 8 North, Range 57
West, of the 6th P.M. , Weld County, Colorado.
The Owner reserves the right to utilize all of the premises not
affected or needed by the County's operation. The County shall have
the right to make excavations, openings, stockpiles, reject material
dumps, and conduct all necessary activities for the excavation of
gravel , and to place such machinery thereon as the County may deem
necessary for the excavation and preparation of gravel on said lands
with the right of the County to remove all such property at any time
or within one (1) year of termination of this agreement.
3. Royalty on Sand and Gravel . The County agrees to pay the Owner a
royalty of forty-five cents (45¢) per cubic yard for all sand and
gravel and overburden removed during the term of this lease or removed
within one (1) year of the termination of this agreement pursuant to
Paragraph 13. Such royalty is to be paid upon completion of the removal
of the gravel at the end of the construction season, or at the option
of the Owner to be paid monthly.
Notwithstanding any inference herein to the contrary, the County shall
not pay any royalty for material which is not removed from the property
or not stockpiled for removal pursuant to Paragraph 13 of this Contract.
Specifically, any sand accumulated in the screening process shall , at
the option of the Onwer, be either returned to the pit or stockpiled
for use by the Owner.
4. Gravel Permits. The parties hereto agree that the County will obtain
any necessary permit from the State Mined Land Reclamation Board for the
mining of said land.
The County agrees to comply with the requirements of the State Land
Reclamation Board permit for the site, as well as any appropriate Special
Use Permit granted by the Weld County Planning Commission.
5. Equipment and Operations. The parties hereto agree that the County may
operate a rock crusher on the subject property when such operation is
necessary in the opinion of the County Engineer. The County agrees to
work the subject property in a good workmanlike manner in accordance
with the customs and practices of sand and gravel pit operations.
6. Access. The County agrees to limit its access to the east by Weld County
Road 135. The County will install and maintain in good operating condition
two (2) cattle guards on Weld County Road 135; one to the south of the
entrance to the pit and one to the north of the entrance.
7. Non-exclusive Agreement. Notwithstanding any inference in this agreement
to the contrary, the Owner shall have the right to lease the subject
property to other users provided such use does not interfere with the
use contemplated by this agreement.
8. Right to Use Gravel. The Owner may at his discretion take for his own use,
up to 100 cubic yards per year of any material stockpiled by the County on
the premises, for use on his driveways or yards.
9. Renewal of Agreement. The parties to this agreement mutually agree that
this agreement may be renewed for additional periods subject to renegoti-
ation of price.
10. Books and Records. The County agrees to keep accurate records of all sand,
gravel , and rock removed from said lands and will , at all reasonable times,
make said records available to the Owner for his inspection:
11. Taxes. The County agrees to pay all taxes lawfully assessed against all
machinery, tools, equipment, supplies, improvements, and all other property
placed by the County on the abovedescribed lands. The Owner shall pay all
taxes lawfully assessed against the real property and the machinery, tools,
equipment, supplies, improvements, and all other property now on or placed
by the Owner on the abovedescribed land. Any and all severance tax on the
sand and gravel shall be paid by the County.
12. Agreement to Idemnify. The County agrees to indemnify and keep the Owner
harmless from all claims and demands of whatsoever kind and character
resulting from any act, operation, or negligence of the County on the subject
property or in connection with this agreement.
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13. Removal of Material Subsequent to Termination. The County shall have the
right to remove, within one (1) year after the expiration of this agreement,
any material stockpiled by the County on the premises provided the County
pays for same.
14. Notices. Any notice of default or of termination of this agreement and all
notices and demands in writing required or that may be given hereunder, if
to Owner, shall be forwarded by certified mail addressed to: BEN L. WALKER,
P.O. BOX 8, NEW RAYMER, COLORADO 80742; and if for the County, shall be
forwarded by certified mail addressed to: BOARD OF COUNTY COMMISSIONERS,
COUNTY OF WELD , STATE OF COLORADO, 915 10TH STREET, GREELEY, COLORADO
80631.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the
day and year first above written.
� � �eten, BOARD OF COUNTY COMMISSIONERS
ATTEST: +/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder By:
and Clerk to the Board __ uck Carlson, airman
pu y County Cle
Ben Walker,O ea� LJ r
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