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Home My WebLink About962015.tiff RESOLUTION RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES WITH THOMAS BROTHERS AND AUTHORIZE CHAIR 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 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 Weld County Public Works Department, and Thomas Brothers, with 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 Weld County Public Works Department, and Thomas Brothers 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 November, A.D., 1996. BOARD OF COUNTY COMMISSIONERS � , WE�b.D COUNTY, COL�O DO �� ► ' t ,tea With Ac.k zy . ctyBarbara J. Kirkmeyer, Chair v Clerk to the Board 11 orge . Baxter, Pro- em --. Deputy C erk to the Board �� 4 Dale K. Hall APP AS TO F 4 ;ote--/({ � .t/ Constance L. Harbert Carnefy � j A hri W. H. Webster 962015 �: Pa); PiomeL3L3ro-fliers EG0035 AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made and entered into this (o* day of 77 0"v. 1996, by and between Weld County, Colorado, by and through the Board of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and THOMAS BROTHERS, 3771 Road P, Wiggins, CO 80654, hereinafter referred to as "Owner." WITNESSETH: WHEREAS, County is in need of soil and/or gravel for the construction of county roads. WHEREAS, Owner owns certain land on which there is soil and/or gravel suitable for use in construction of county roads. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. County may use its equipment to remove the soil and/or gravel from Owner's land. 2. PROPERTY DESCRIPTION: The Owner hereby agrees to grant to the County the right to enter the following described property situated in Weld County, Colorado: Thomas Pit located on the West Half of Section 1, Township 8 North, Range 61 West of the 6th P.M., Weld County, Colorado 3. ROYALTY ON SAND AND GRAVEL: The County agrees to pay the Owner a royalty of.45 cents peer cubic yard for all material removed during the term of this lease. Such royalty is to be paid by the end of the succeeding month after the material is removed. 4. ACCESS: The Owner agrees to provide land for a haul road and direct access to the work area. The County agrees to construct and maintain said haul road in good condition and to obliterate haul road at the termination of this agreement. 5. BOOKS AND RECORDS: The County agrees to keep accurate records of all material removed from said described lands and will, at all reasonable times, make said records available to Owner for his or her inspection. Page One of Three Pages 962015 6. NOTICES: Any notice of termination or other demand by the Owner or the County shall be in writing and forwarded by certified mail to the following address: OWNER: Thomas Brothers 3771 Road P Wiggins, CO 80654 COUNTY: Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 3. TERM: The term of this Agreement shall be from the date of execution to and until five years 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. 5. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written consent of THOMAS BROTHERS, whichever is the non-assigning party. 6. 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. 7. 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. 8. 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. Page Two of Three Pages 962015 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 an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this tp - day of o2.,-rmiLtn _ , 19% ATTEST: THOMAS BROTHERS cOrs ld By: t �t/01 Ell,ATTEST: /A',A'� �,�.' 1 OF COUNTY COMMISSIONERS Weld County Clerk to the Board �' wr D COUNTY, COLORADO 18G1 By: .iL/7 . idcboa,( „v Deputy Clerk to the Board 7�� Barbara J. Kirkmeyer, air c, APPROVED AS TO FO B ce T. Barker Weld County Attorney Page Three of Three Pages 962015 mEmoRAnDum Ts ,444 WIlD Clerk to the Board October 31, 1996 To Date COLORADO Dave Becker, Operations Director r R, From Subject: Agenda Item for Approval Please place the following item on the Board's next agenda. AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES The appropriate documentation is attached. DB/zw:agenda cc: Thomas Gravel Pit 962015 Hello