HomeMy WebLinkAbout901155.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND JUNE LEHR FOR USE
OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE
CHAIRMAN TO SIGN
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 soil and/or gravel for the
construction and maintenance of certain Weld County Roads , and
WHEREAS , June Lehr owns certain property, located within
Southeast Quarter of Section 1 , Township 10 North, Range 67 West
of the 6th P.M. , Weld County, Colorado, on which there is soil
and/or gravel in suitable quantities for use in the construction
and maintenance of said Weld County Roads, and
WHEREAS , an Agreement between Weld County and June Lehr for
use of soil and/or gravel for road purposes has been presented to being as the Board, with the terms tated in the
of which niscattacheds shereto and incorporated
Agreement, a copy
herein by reference , and and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement and authorize the Chairman to sign same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement between
Weld County and June Lehr for use of soil and/or gravel for road
purposes be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreement.
901155
Page 2
RE: SOIL AND/OR GRAVEL AGREEMENT - LEHR
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 14th day of
November, A.D. , 1990.
lI < ° / / gBOARD F COUNTY COMMISSIONERS
ATTEST. ' ' ' ' WELD LINTY, COL RADO
Weld County Clerk to the Board
�v ene R. ran er, Chairman
F -- EXCUSED DATE OF SIGNING - AYE
B _ George Kennedy, Pro-Tem
D puty Clerk to t Board " T f -"9,�{// �`ue4
��64a+t j !/»d
APPR VED ,.$ TO FORM: Constance L. Harbert
La-r7i
C.47. Kiz'el."County Attorney EXCUSED DATE OF SIGNING _ AYE
Gordon E. Lacy
901155
AGREEMENT FOR THE PURCHASE OF
SOIL AND/OR GRAVEL FOR ROAD PURPOSES 41/1-1t,J� �$1'-H� InS,, AGREEMENT, made and entered into this day of
(V p�(.r-� Ah , , 19 CIO , by and between JUNE LEHR, whose address
is 3254 Weld County Road 20 , Longmont, Colorado 80501 ,
hereinafter referred to as "Owner, " and WELD COUNTY,
OLO haOf of
and through the Board of County Commissioners , by and o
the Weld County Engineering Department, with offices located at
915 10th Street, Greeley, Colorado 80631 , hereinafter referred to
as "County. "
WITNESSETH:
WHEREAS, County is in need of soil and/or gravel for the
construction and maintenance of certain Weld County roads , and
WHEREAS, Owner owns 20 acres of land located within the
Southeast Quarter of Section 1 , Township 10 North, Range 67 West
of the 6th P.M. , Weld County, Colorado, commonly referred to as
the "Lehr Pit, " on which there is located soil and/or gravel in
suitable quantities for use in the construction and maintenance of
said Weld County roads.
NOW, THEREFORE, in consideration of the mutual promises
contained herein, Owner and County agrees as follows:
1 . Term of Agreement:
The term of this Agreement shall be from the date of
execution to and until the date and year twelve (12) yea
rs
later, unless sooner terminated in writing by either party.
Said Notice of Termination must be received at least ten (10)
days prior to the stated date of termination.
2 . Right of Entry:
Owner hereby grants to County the right to enter the
following described real property situated in Weld Coravel
Colorado, for the purpose of extracting soil and/or g
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for use in the construction and maintenance of Weld County
roads: Twenty (20) acres within the Southeast Quarter (SEI)
of Section 1 , Township 10 North, Range 67 West of the 6th
P.M. , Weld County, Colorado, and hereinafter referred to as
"Lehr Pit. "
3 . Extraction of Soil and/or Gravel:
County shall extract approximately 7 ,700 to 10 ,000 yards of
soil and/or gravel from the Lehr Pit each year during the
term of this Agreement. The parties hereto approximate that
65 ,000 yards of crushed gravel is stockpiled in the Lehr Pit
at the present time. The parties agree that County shall
first remove said stockpiled crushed gravel prior to mining
and extracting the remaining years soil and/or gravel.
4 . Compensation for Extracted Soil and/or Gravel:
County agrees to pay Owner the sum of 55 cents per cubic yard
for all soil and/or gravel removed during the term of this
Agreement. Method of payment shall be as follows:
A. County shall pay Owner a flat fee of $1 ,000 per year
between January 1 and January 30 of each year. This
amount shall be paid regardless of whether or not soil
and/or gravel is extracted from the Lehr Pit during said
year. $500 of this amount shall pay for the use of the
pit. The remaining $500 shall pay for the first 909
cubic yards of soil and/or gravel to be extracted from
the Lehr Pit per year.
B. The County shall pay for all amounts of soil and/or
gravel extracted from the Lehr Pit in excess of the 909
cubic yards at the rate of 55 cents per cubic yard,
payable in the month in which it is extracted.
5 . Owner agrees to provide sufficient real property for a haul
road and direct access to the work area at the Lehr Pit.
County agrees to construct and maintain said haul road and
keep it in good condition and shall obliterate the haul road
at termination of this Agreement.
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6 . Books and Records:
County agrees to keep accurate records of all material
removed from the Lehr Pit, and will, at all reasonable times,
make said records available to Owner for her inspection.
7 . Notices:
Any notice of termination or other demand by County or by
Owner shall be in writing and forwarded by certified mail to
the addresses stated above. n
Signed this a q �n, day of O(�tr�.FRf,hi • 19 7 c�
v •
r r �'�
-i_,L, Z '
Jun ehr a
�nSSUBBSCRIBED AND SWORN to before me this � 1etc� day of
c.C52421.7t; , 1990 .
WITNESS my hand and official seal.eryinCT4-- dNo p Public
My commission expires: /o1/Q`7/
WELD COUNTY, COLORADO, by and
through the Board of County
Commissioners of Weld County,
by and on behalf of the Weld
County Engineering Department
ATTEST: Liv--4`: •/ v o ✓,,.-7
r .
iiYi\--ler'N---rx-. 02 i�tu�� By
�1 rk to the Bo d Gene R. Brantner, Chairman
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