HomeMy WebLinkAbout971701.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES AND AUTHORIZE CHAIR TO SIGN - TAPPY GRAVEL PIT
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 Use of Soil and/or
Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Public Works,
and Clint Tappy, Weld County Road 106, Stoneham, Colorado 80754, commencing upon full
execution, and ending one year later, 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 Use of Soil and/or Gravel for Road Purposes
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Clint Tappy
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 6th day of August, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
ATTEST
Weld C
BY.
Dep
APP
t"the;B0
ORM:
/2w; Tic)0py
WELT COUNTY, C RADO
George E. Baxter, Chair
Constance L. Harbert, Pro- em
EXCUSED DATE OF SIGNING
Dale K. Hall
fi [IC
if
/Barbara J. Kirkmeyer 12J/Lth--2i
(AYE)
W. H.
971701
EG0036
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this .?g day of
1997, by and between Weld County, Colorado, by and through the Board of Co ty
Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and
Clint Tappy, WCR 106, Stoneham, Colorado 80754, hereinafter referred to as "Owner."
WITNESSETH:
WHEREAS, County is in need of soil and/or gravel for the construction of county roads,
and
WHEREAS, Owner owns certain land on which there is soil and/or gravel suitable for
use in construction of county roads and which Owner desires to have removed therefrom, and
WHEREAS, the parties hereto now desire to enter into this Agreement to meet their
individual and mutual needs.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE
EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: Owner hereby grants to
County the right to enter and have access onto the following described property situated
in Weld County, Colorado, for the purpose of extracting soil and\or gravel therefrom for
use on County's roads : Tappy Gravel Pit, located in Sections 19 & 30, Township 10
North, Range 56 West of the 6th P.M., Weld County, Colorado (hereinafter referred to
generally as the "Property."),In the course of said extraction, County agrees to use its best
efforts to keep the banks of the soil and\or gravel extraction pit sloped to prevent Owner's
cattle from falling over the banks. Additionally, County agrees to use its best efforts to
reduce the disturbance of any more pasture land than is necessary in order to accomplish
the extraction contemplated by this Agreement. The term "extraction" as used in this
Agreement shall include the excavation, storage, and removal of soil and\or gravel from
the Property.
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay
Owner a royalty of .45 cents per cubic yard for all soil and\or gravel extracted during the
term of this Agreement. Such royalty is to be paid by the end of the month in which the
material is removed.
Page 1 of 3 Pages
9717P1
3. ACCESS: Owner agrees to provide land for a haul road and direct access to the work
area. County agrees to construct and maintain said haul road in good condition and to
obliterate said haul road at the termination of this Agreement.
4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND OR GRAVEL: Owner may
take up to 100 cubic yards per year of any soil and\or gravel stockpiled by the County on
the premises for use on his driveways or yards. Owner agrees that prior to taking said
soil and\or gravel, he shall consult with County to determine from which stockpile the
soil and\or gravel may be taken.
5. BOOKS AND RECORDS: County agrees to keep accurate records of all soil and\or
gravel removed from said described lands and shall, at all reasonable times, make said
records available to Owner for his inspection.
6. NOTICES: Any notice of termination or other demand by Owner or County shall be
made in writing and forwarded by certified mail to the following address:
OWNER: Clint Tappy
WCR 106
Stoneham, CO 80754
COUNTY: Weld County Public Works
P.O. Box 758
Greeley, CO 80631
7. TERM: The term of this Agreement shall be from the date of execution to and until one
year later, and shall renew automatically for additional one year periods thereafter, unless
sooner terminated in writing by either party. Said notice of termination must be received
at least thirty (30) days prior to the stated date of termination.
8. NON -ASSIGNMENT: This Agreement shall not be assignable without prior written
consent of County or Owner, whichever is the non -assigning party.
9. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written. No
modifications, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in
writing or signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether expressed or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
Page 2 of 3 Pages
971791
10. SEVERABILITY: If any terms or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without
such a provision to the extent this Agreement is then capable of execution within the
original intent of the parties hereto.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions
whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be deemed an incidental beneficiary only.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this ¶iZ - day of
4.1 (A. , 19 97.
OWNER:
ATTES
Weld C
APPROVED AS TO FORM:
Brwr . Barker
W:. County Atto ney
M:\ W PFILES\AGREEMNT\TAPPYPIT.97
COUNTY:
By:
f
Geor e E. Baxter, Chairman, Board of
County Commissioners of the County of
Weld, State of Colorado (or/a/971
Page 3 of 3 Pages
971791
feciz
Ville
COLORADO
mEmoRAnDum
•
Clerk to the Board Aiigu§f 1,-W91 i i 53
To Date
Dave Becker, Operations Director p From n U�.t,,, �
Subject: Agenda Item for Approval
Please place the following item on the Boards next agenda.
AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES
Tappy Gravel Pit
The appropriate documentation is attached.
DB/zw:agenda
cc: Tappy Gravel Pit
971701
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