HomeMy WebLinkAbout800698.tiff RESOLUTION
RE: APPROVAL OF MINIMUM PURCHASE CONTRACT BETWEEN WELD COUNTY
AND LA POUDRE SAND AND GRAVEL, INC. AND AUTHORIZATION FOR
CHAIRMAN TO SIGN THE SAME.
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 Minimum Purchase Contract between Weld County
and La Poudre Sand and Gravel , Inc. has been presented to the
Board of County Commissioners, and
WHEREAS, said contract concerns the owner of the following
described tract of land granting Weld County the right to ex-
plore for, develop, excavate, process , stockpile, remove and
sell sand, gravel, and rock from and on said tract of land :
A tract of land located in the West Half
of the Northwest Quarter of Section 19,
Township 6 North, Range 67 West of the
6th P.M. , Weld County, Colorado and being
more particularly described as follows :
Commencing at the Northwest corner of said
Section 19 and considering the West line
of said Section 19 to bear South 00°00 ' 00"
East with all other bearings contained herein
being relative thereto; thence South 00°00 ' 00"
East along said West line 1323. 78 feet to
the True Point of Beginning; thence South
86°00 ' 00" East, 425. 97 feet; thence North
00°00 ' 00" West, 273. 45 feet; thence North
42°00 ' 00" East, 263. 92 feet to a point
being more or less 100 feet South of an
existing fence line; thence South 86°00 ' 00"
East parallel with said fence line, 590. 38
feet to another existing fence line (assumed
to be the East line of the West Half of the
Northwest Quarter for the purpose of this
survey) ; thence South 00°32 ' 00" West along
said fence line, 580. 86 feet; thence North
86°00 ' 00" West, 636. 96 feet; thence North
58°00 ' 00" West, 147. 07 feet; thence North
86°00 ' 00" West, 425. 97 feet to a point on
the West line of said Section 19; thence
North 00°00 ' 00" West, 30 . 07 feet to the
True Point of Beginning; said tract of land
contains 9. 950 acres , more or less.
WHEREAS, the Board of county Commissioners has studied said
contract and deems it advisable and in the best interests of
Weld County to approve the same.
800698
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Minimum Purchase
Contract between Weld County and La Poudre Sand and Gravel, Inc.
be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the Chairman of the Board is hereby authorized to sign
said contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
July, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
� ,zticC (Aye)
C. W. Kirb7y; /CChaairman
a.,a l�a (Aye)
eonard L. Roe, m
_ (Aye)
Norman Carlson
(ABSENT)
?141t74hY
s Dunbar•ATTEST: `Ct7` ad.AAA %� Atji-t"''� )
tl
Weld County Clerk and Recorder
and. Clerk to the Boa
Byx-�G i 'It), f /";l A
Deputy Coun Clerk
a PR <1ED AS TO FORM:
County Attorney
DATE PRESENTED: JULY 14 , 1980
MINIMUM PURCHASE CONTRACT
THIS AGREEMENT made and entered into this 9th day of
July , 1980 by and between the COUNTY OF WELD,
STATE OF COLORADO, hereinafter called "County, " and LA
POUDRE SAND AND GRAVEL, INC. , a Colorado corporation, herein-
after called "Owner. "
For and in consideration of the mutual covenants and
conditions hereinafter set forth, the parties mutually agree
as follows :
1. Term of Agreement. The term of this agreement
i shall be from the date of execution to and until
December 31 , 1980 .
2. Rights Granted - Property Description. The owner
hereby agrees to grant to the County the right to
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explore for, develop, excavate, process , stockpile,
remove and sell sand, gravel , and rock (all top-
soil will be stockpiled for future use by the
owner) from and on the following described property
situated in Weld County, Colorado :
A tract of land located in the West Half of the
Northwest Quarter of Section 19 , Township 6 North,
Range 67 West of the 6th P.M. , Weld County, Colo-
rado and being more particularly described as
follows : Commencing at the Northwest corner of
said Section 19 and considering the West line of
said Section 19 to bear South 00 °00 ' 00" East with
all other bearings contained herein being relative
thereto; thence South 00 °00 ' 00" East along said
West line 1323 . 78 feet to the True Point of Begin-
ning; thence South 86 °00 ' 00" East, 425 . 97 feet;
thence North 00 °00 ' 00" West, 273 . 45 feet; thence
North 42°00 ' 00" East, 263. 92 feet to a point being
more or less 100 feet South of an existing fence
line ; thence South 86 °00 ' 00" East parallel with
said fence line, 590 . 38 feet to another existing
fence line (assumed to be the East line of the
West Half of the Northwest Quarter for the purpose
of this survey) ; thence South 00°32 ' 00" West along
said fence line , 580. 86 feet; thence North 86 °00 ' 00"
West, 636 . 96 feet; thence North 58 °00 ' 00 " West,
147. 07 feet; thence North 86 °00 ' 00" West, 425 . 97
feet to a point on the West line of said Section
19 ; thence North 00 °00 ' 00" West, 30 . 07 feet to the
True Point of Beginning; said tract of land contains
9 . 950 acres , more or less .
The owner reserves the right to farm and
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 efficient excavation and
preparation of gravel on said lands with the right
of the County to remove all such property at any
time or within six (6) months of termination of
this agreement.
3. Minimum Purchase. The County agrees that it will
remove or stockpile a minimum of 25 , 000 cubic
yards of material during the term of this contract,
and for any renewal of this contract, the minimum
purchase by the County shall be negotiated between
the parties .
4. Royalty on Sand and Gravel. The County agrees to
pay to the owner a royalty of thirty five cents
( 350) per cubic yard for all sand and gravel and
overburden removed during the term of this lease
or removed within six (6) months of the term-
ination of this agreement pursuant to paragraph
18.
The County agrees to pay the sum of $4 , 375 . 00
(which represents the cost of 50% of the minimum
purchase) within twenty (20) days of the execution
of this agreement. The County further agrees to
pay the remaining $4 , 375 . 00 (the cost of the
balance of the minimum purchase) , in monthly
payments determined by the quantity removed from
the abovedescribed property, or December 31 , 1980 ,
whichever date is earlier.
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The County agrees to pay the owner a royalty
of thirty five cents (350) per cubic yard for all
sand, gravel and overburden removed during the
term of this agreement in excess of the above
stated minimum purchase.
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
18 of this Contract. Specifically, any sand
accumulated in the screening process shall, at the
option of the owner, be either returned to the pit
or stockpiled for use by the owner.
5 . Gravel Permits - zoning. The parties hereto agree
that the owner has complied with all zoning require-
ments of the County and has been granted a Special
Use Permit for the operation of a gravel pit on
the subject property and has been granted a permit
from the State Mined Land Reclamation Board for
the mining of said land.
The County agrees to comply with the Special
Use Permit operation standards, a copy of which is
attached hereto and marked as Exhibit "A" . The
County further agrees to comply with the require-
ments of the State Mined Land Reclamation Board
permit for the site, but the owner specifically
agrees that communications concerning any possible
violations of said permit shall be directly between
the owner and the issuing agencies.
6. 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
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a good and workmanlike manner in accordance with
the customs and practices of sand and gravel pit
operators.
7. Access Road. The parties hereto mutually agree
that the County shall have the right to build a
road to provide access from existing county roads
to the gravel pit site.
8. Stockpiling of Materials . The parties hereto
mutually agree that the County may use a portion
of the subject property to stockpile , screen, and
process material removed from the gravel pit.
9 . Power Supply. The parties hereto mutually agree
that the efficient operation of said gravel pit
requires a three-phase power supply at the pit
site and the parties further agree that the fur-
nishing of said power supply shall be the respon-
sibility of the owner provided, however, that the
County shall be responsible for having said power
supply metered and shall pay for the electricty
used.
10 . Water. The parties hereto agree that in order to
comply with the Special Use Permit and the permit
of the State Mined Land Reclamation Board, water
from the gravel pit may be used by the County for
dust suppression purposes .
11. Dust Suppressant on County Road 13 . It is agreed
between the parties hereto that the County will
provide dust suppressant on Weld County Road 13 in
the immediate vicinity of owner ' s house during
periods of gravel hauling.
12. Non-exclusive Agreement. Notwithstanding any
inference in this agreement to the contrary, the
owner shall have the right to lease the subject
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property to other users provided such use does not
interfere with the use contemplated by this agree-
ment.
13. Improvement of Owner' s Driveways and Yard. The
County agrees to gravel the presently existing
driveways and yard of the owner as necessary to
keep said driveways and yard in good repair.
14. Renewal of Agreement. The parties to this agree-
ment mutually agree that this agreement may be
renewed for additional periods of one (1) year
subject to renegotiations of price and minimum
purchase.
15. Books and Records. The County agrees to keep
accurate records of all sand, gravel and rock
removed from said described lands and will, at all
reasonable times , make said records available to
owner for his inspection.
16 . Taxes. The County agrees to pay all taxes law-
fully 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 owner on the
abovedescribed land. Any and all severance tax on
the sand and gravel shall be paid by the County.
17. Agreement to Indemnify. 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 connec-
tion with this agreement.
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18. Removal of Material Subsequent to Termination.
The County shall have the right to remove, within
six (6) months after the expiration of this agree-
ment, any material stockpiled by the County on the
premises provided the County has paid for same .
19 . 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: LA POUDRE SAND AND GRAVEL, INC. ,
c/o Robert C. Bosley, Attorney at Law, P. O. Box
880, Windsor, Colorado 80550 , and if for the
County, shall be forwarded by certified mail
addressed to : Board of County Commissioners,
County of Weld, 915 10th Street, Greeley, Colorado
80631 .
IN WITNESS WHEREOF, the parties hereto have duly exe-
cuted this agreement the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: . l. s WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,
and Clerk to the Board By: /tit.-4/
C . W. Kirby, Chairman
eputy .Count Clerk
LA POUDRE SAND AND GRAVEL, INC .
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By • 4 }tst/ c 1„iJ
(Velma Frank, President)
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