HomeMy WebLinkAbout840856.tiff RESOLUTION
RE: APPROVE EXTENSION OF GRAVEL PIT AGREEMENT WITH RICHARD E.
HAMM, JCK FARM
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, a Gravel Pit Agreement was entered into between Weld
County, Colorado, and Richard E. Hamm, General Partner and manager
of JCK Farm, on March 15 , 1983 , and
WHEREAS , a request to extend said Agreement to March 15 ,
1986 , has been presented to the Board for its approval , and
WHEREAS , the terms and conditions of said extension are as
stated in the Extension Agreement, a copy of which is attached
hereto and incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Extension Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Gravel Pit
Extension Agreement between Weld County, Colorado, and Richard E.
Hamm, General Partner and manager of JCK Farm, to March 16 , 1986 ,
be, and hereby is , approved.
840856
PL/Q11
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
December, A.D. , 1984.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ° 1 WELD C COLORADO
Weld County C Clerk and Recorder Recordd er
and Clerr��kk, to the Board Norman Carlson, Chairman
BY: ate J que e John n, Pro-TTTem
DeputyrCount rk It
APPROVED AS TO FORM: Gen R. Brantne
C Y' C` ' 7, ; rck Carlso
County Attorney ( , �, )�je �.
J�bbd��Y�iin T. Martin
XT `)SION ,1GREET T
THIS EXTENSION AG.RE 1NT is ente�^ec ta,o thiss 17th !
� OF Lay of
December
1984, by and between THE COUNTY WELD, STATE OF
. zLJ f , hereinafter called the "County" and RICHARD E. HAM M,
General partner and manager of JCK FARii,( a limited partnership)
• hereinafter called "Owner", and extends the original Gravel Pit
Agreement dated Narch 15th, 1983, between the County. and. C.w
nor
in its original terms subject to the following modifications:
The Owner agrees to the following conditions:
J . The Owner agrees to extend the 1983 Gravel Pit Agreement to
• March 15th, 1986.
2. If by said March 15th, 1986 date, the County has reduced the
pcese-t stock pile of gravel by fifty (50) percent in volume from its
present size and the County has further complied with Item No. 3
herein, Owner will extend this Agreement for a per..iorl of one (1_) year;
or until March 15th, 1987.
3. Prior to the hauling of any material by the County, the
County agrees to:
a. Install and maintain a temporary cattle guard at
the access gate to the SW1/4 of Section 24, Township 2
North, Range -68 .West; and
b. Water or otherwise treat and maintain the surface
of County Road 5 1/2 to minimize dust for the distance from
! Highway #119 on the West to quarter mile North of. the access
gate.
4. Upon the expiration of this Agreement, whether such
expiration be March 15th, 1986, or after the one-year extension
thereof, March 15th, 1987, all of County's .property rights to any and
all gravel remaining on the site shall be transferred to and
irrevocably belong to Owner.
In all other respects, the provisions and terms of the original
Gravel Pit Agreement shall remain the same and be binding upon the
parties hereto. ,
IN WITNESS WHEREOF, the parties hereto have executed this
Extension Agreement as of the date and year first above. wr.itten.
COUNTY:
•
THE COUNTY OF WELD
ATTEST:
•
./,,. - By
3�� �ttt.,,/ Chairman, Board of County
Weld unty clerk and Recorder Commissioners
and Clerk to the Board _
\-\
`� _`� JVJ�'`r` --
- D uty County Cie K
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OWNERS
JCK FARM, a limited partnership,
/ ji- ',./1
BY .c.r,/La ,'_- _- :/--...a-)'fr L,.1./2,1,
General Partner
t
1239 Third Ave.
Longmont , 80501
Nov. 30, 1984
Mr. Donald R Carroll,
Administrative Manager,
Weld County, P 0 Box 758,
Greeley, Co . 80632
Dear Mr. Carroll,
It took several days to circulate the Nov. 16, 1984 copy
Of Extension Agreement, as that was the first submitted to my
partners. I return herewith the JCK partners' version of the
Extension to the original Gravel Pit Agreement.
Basically the conditions of the extension of the original
Gravel Pit Agreement remain the same. The banker member of JCK
and her lawyer came up with a suggested form simply extending
terms of the original Gravel Pit Agreement of 15 March 1983.
However, it also recognizes the authority of the General Partner
and manager of JCK Farm to approve the extension of the agreement
under conditions 2. and 3. without referral to other* partners.
Hoping that we can now consumate the Extension Agreement,
I have signed them and return them for Weld County aotion. Please
send me two County signed copies.
Sincerely,
- --,,_ c (_ .L,:'.',1 r C' (_,/ ,q,--v ,
Richard E. Hamm
General Partner, JCK Farm
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