HomeMy WebLinkAbout970046.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD
PURPOSES WITH GARY AND JEAN SHEFFLER 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 Public Works Department,
and Gary and Jean Sheffler, commencing January 8, 1997, and ending January 7, 1998, 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 Public Works Department, and Gary and Jean
Sheffler, 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 8th day of January, A.D., 1997.
�J BOARD OF COUNTY COMMISSIONERS
4b .A • I Georg�E. Baxter, Chair
i' J' V Clerk to the Board /1
a► /<
W \ stance L. Harbe em
Deputy Cler•/o the Board r- I
Dale K. Hall
,
APP D AS TO F M: t �az2, _ thi e
Barbara J. Kirkmeyer
Al
County x-ftorn L itc e " c A7 �-a Ao nt
W. H.• ster
970046
L'C ; no; she776,- EG0036
AGREEMENT FOR USE OF SOIL AND/OR
GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made and entered into this 8.29) day of k.4Uz1/.CGry ,
1997, 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
Gary Sheffler and Jean Sheffler, P.O. Box 23,New Raymer, CO 80642, 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. County agrees to mine only in the permitted area.
3. County agrees to clean up the pit area and reseed the grass, if necessary.
4. PROPERTY DESCRIPTION: The Owner hereby agrees to grant to the County the right
to enter the following described property situated in Weld County, Colorado:
Sheffler Pit located in the Southwest Quarter of Section 5, Township 11 North,
Range 57 West of the 6th P.M., Weld County, Colorado
5. ROYALTY ON SAND AND GRAVEL: The County agrees to pay the Owner a royalty
of.45 cents per 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.
Page One of Three Pages
970046
6. 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.
7. 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.
8. 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: Gary Sheffler
P.O. Box 23
New Raymer, CO 80742
COUNTY: Weld County Public Works Department
P.O. Box 758
Greeley, CO 80632
9. TERM: The term of this Agreement shall be from the date of execution to and until
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.
10. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written
consent of Gary Sheffler, whichever is the non-assigning party.
11. 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.
12. 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.
Page Two of Three Pages
970046
13. 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 day of
Xec - c2—.d , 19 /'
—4 7
/
AR SHEFFLER JE SHEFFLER G ,.
/N., /
ATT., ST• J ' ► ` G% " BOARD OF COUNTY COMMISSIONERS
Wet�CotRy' lerk fo theB• d WELD COUNTY, COLORADO
�•i i� ) a it- ' '�� B i
BY: a'Pat- .r/Pai,/_ a 6<4i�. y� "C.h��
Ieputrint oard 7Geor e E. Baxter, Chair 01/08/97
APPROVED AS TO FORM:
Br . Barker
eld County Attorne
Page Three of Three Pages
970016
mEmoRAnDum
To Clerk to the Board Date JanuarylJ 2, 1997
COLORADO Dave Becker, Public Works Department pfl V�
From "'YYY
Subject: Agenda Item
Please place the following item on the Board's agenda for Monday,
January 6, 1997:
AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES at
The Sheffler Gravel Pit.
Appropriate documentation is attached.
If you have questions, please give me a call at EXT. 3755.
cc: Commissioner Harbert
File
970046
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