HomeMy WebLinkAbout940082.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SALE OF TOP SOIL 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, the Board has been presented with an Agreement for Sale of Top
Soil between Weld County, Colorado, by and through the Board of County
Commissioners of Weld County, and A-1 Organics, commencing January 12, 1994, 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 for Sale of Top Soil between Weld County,
Colorado, by and through the Board of County Commissioners of Weld County, and
A-1 Organics be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 January, A.D. , 1994.
/ i //I D BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board Nit() PA,6122/e4
W. H. Webster, hairman
BY:
Deputy Cler to the Boar Dale K. Hall, ro-Tem
APPROV S TO FORM: EXCUSED DATE OF SIGNING (AYE)
Geo ge E. Baxter
County Attorney 7 Con tance L. Harbert
J .1 l Li L
Barbara J. Kirkmey
940082
dO� 33 cc ; F-1 " P) lGrnru�,cf
AGREEMENT FOR SALE OF TOP SOIL
THIS AGREEMENT is made on this /a* day of January, 1994, by
and between Weld County, Colorado, by and through the Board of
County Commissioners of Weld County, whose address is 915 Tenth
Street, Greeley, Colorado 80631, hereinafter referred to as
"County, " and A-1 Organics, whose address is 16350 Weld County
Road 76, Eaton, Colorado 80615, hereinafter referred to as "A-1 . "
WITNESSETH:
WHEREAS, County currently operates a gravel pit located in
Section 31, Township 6 North, Range 66 West of the 6th P.M. , Weld
County, Colorado, hereinafter referred to as the "83rd Avenue Pit, "
and
WHEREAS, A-1 desires to purchase unused top soil at the 83rd
Avenue Pit for resale, and
WHEREAS, the sale of top soil to A-1 will benefit County by
eliminating unnecessary top soil from the 83rd Avenue Pit site.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, parties hereto agree as follows :
1 . TERM: The term of this Agreement shall be from the date
first written above to and until one year thereafter, and
shall be renewed automatically for additional one-year
terms, subject to the termination and appropriations
provisions set forth below.
2 . COUNTY AGREES:
a. To allow removal of top soil by A-1 from the 83rd
Avenue Pit site during normal working hours ( 7 a.m.
to 5 p.m. , Monday through Friday) . The top soil
which is available for removal shall be designated
by County at its sole discretion.
b. To provide A-1 access to the 83rd Avenue Pit site
for such removal work.
c. A-1 can mix or process processed organic matter to
supplement the top soil at the 83rd Avenue Pit.
Any mixing or processing of raw products into top
soil with other matter to meet market requirements
shall be done at another site meeting all legal
land use requirements .
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940082
3 . A-1 AGREES:
a. To pay County the sum of $ .50 per cubic yard for
soil which is removed from the 83rd Avenue Pit
pursuant to this Agreement. All payments for top
soil removed from the 83rd Avenue Pit site shall be
made by the end of the month in which the top soil
was removed.
b. To allow County reasonable access to A-1 ' s records
in order to verify the amounts of material removed
from the 83rd Avenue Pit by A-1 .
c. To furnish all equipment and manpower needed to
complete the removal of top soil at the 83rd Avenue
Pit pursuant to this Agreement. Employees of A-1
shall not become, by virtue of this Agreement,
employees of County, nor shall they be entitled to
any employee benefits from County.
d. To provide all necessary Worker' s Compensation and
liability insurance to cover A-1 personnel while
performing the activities contemplated in this
Agreement. A-1 shall provide to County
certificates of insurance for said Worker' s
Compensation and general liability. General
liability insurance, required pursuant to this
section, shall at a minimum be in the sum of $1
million per person, per occurrence.
e. To indemnify, save, and hold harmless County, its
employees and agents, against any and all claims,
damages, liability, and court awards, including
costs, expenses, and attorneys fees incurred as a
result of any act or omission by A-1 or its
employees, agents, subcontractors, or assignees
pursuant to the terms of this Agreement.
4 . ASSIGNMENT: A-1 shall not assign this Agreement to third
parties without the prior written consent of County
approving both the assignment and the assignee.
5 . SEVERABILITY: To the extent that this Agreement may be
executed in performance of the obligations of the parties
as may be accomplished within the intent of the Agree-
ment, the terms of this Agreement are severable, and
should any term or provision hereof be declared invalid
or become inoperative, such invalidity or failure shall
not affect the validity of any other term or provision
hereof. The waiver of any breach of a term hereof shall
not be construed as a waiver of any other term.
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940082
6 . TERMINATION: Either party may terminate this Agreement
upon written notification to the other party at least ten
days prior to the expected date of termination.
7 . NO GUARANTEE OR WARRANTY OF TOP SOIL: County does not,
by virtue of this Agreement, warrant or in any way
guarantee the availability of any specific amounts, nor
the quality, of top soil at the 83rd Avenue Pit for
removal by A-1 . Furthermore, County reserves the right
to sell or otherwise transfer its right, title, and
interest in and to the gravel and/or top soil at the 83rd
Avenue Pit without prior approval by or compensation to
A-1 . A-1 shall have first right of refusal on the sale
by County of any top soil to another third party from
this location
8 . NON-APPROPRIATIONS: No portion of this Agreement shall
be deemed to create an obligation on the part of County
to expend funds not otherwise appropriated in each
succeeding year.
9 . NON-LIABILITY/WAIVER OF IMMUNITIES: No portion of this
Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be
deemed to have created a duty of care with respect to any
persons not a party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreeme as A gf hp late first written above.
ATTEST: ' /1 . WELD COUNTY, COLORADO, BY AND
l/ ,J a THROUGH THE BOARD OF COUNTY
CLERK HE' BOARD COMMISSIONERS OF WELD COUNTY
BY. / lit ale lt��U' 01/17/94
putt' le k to the Boa d W. H. WEBSTER, Cha rman
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940082
A-1 ORGANICS
Duane Wilson, President
Q'�BSCRIBED AND SWORN to efore me this 1 441 day of
�QAVItt( ti�1 , 199q .
WITNESS my hand and official seal .
jPu��. 4f-Q#A1/
Notary lic
My commission expires : ac . a3t /97 (o
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