HomeMy WebLinkAbout20183286.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE AND PURCHASE OF FILL -DIRT AND FOR
TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN -
GOLDEN EYE INVESTMENTS, LLC
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 and Purchase of
Fill -Dirt and for Temporary Construction Easement 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 Buildings and Grounds, and Golden Eye Investments, LLC, commencing upon full
execution of signatures, 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 and Purchase of Fill -Dirt and for a Temporary
Construction Easement 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 Buildings and Grounds,
and Golden Eye Investments, LLC, 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 15th day of October, A.D., 2018.
ATTEST: datjuiv ;(
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Weld County Clerk to the Board
BY:
AP
Coun y Attorney
Date of signature: l t l CD
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chai
Mike Freeman
1.� fit.JCJ'L"
rbara Kirkmeye , Pro-Tem
can P. Conway
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2018-3286
BG0020
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
October 10, 2018
To: Board of County Commissioners
From: Toby Taylor
Subject: Temporary Construction Easement — Crime Lab
The property south of the Crime Lab is being developed. There is a request from the developer for a
temporary construction easement to allow the drainage to be properly developed. The requested
easement is for $6,000 with contractor removing of all material needed to ensure proper drainage at the
shared entrance. Buildings & Grounds is recommending approval of this temporary construction
easement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2018-3286
avi-
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AGREEMENT FOR SALE AND PURCHASE OF FILL -DIRT AND FOR TEMPORARY
CONSTRUCTION EASEMENT
This AGREEMENT FOR SALE AND PURCHASE OF FILL -DIRT AND FOR
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TEM RARY CONSTRUCTION EASEMENT ("Agreement") is entered into this 0 day
of , 2018, by and between WELD COUNTY, whose address is 1555 N. 17th
Avenue, Greeley, CO 80631 (hereinafter referred to as "Grantor") and GOLDEN EYE
INVESTMENTS, LLC (hereinafter referred to as "Grantee), whose address is 361 71st Avenue,
Greeley, CO 80634 (collectively, the "Parties").
Recitals
A. Grantor owns, in fee simple, the real property located at 2329 115th Ave Greeley,
CO 80634, legally described follows:
Lot 11A West Greeley Tech Center Third Minor Subdivision City of Greeley,
County of Weld, State of Colorado
("Grantee's Property").
B. Grantee owns, in fee simple, the property located directly to the south of Grantor's
property.
C. Grantee desires to purchase from Grantor an unknown quantity of fill -dirt located
within a 10 -foot by 300 -foot length of the southern portion of Grantor's property as depicted in
Exhibit A (the "Temporary Construction Easement" or "TCE"), attached hereto and incorporated
herein by reference, the purpose of which easement is to enable Grantee to grade and resurface
it's property (the "Project").
D. To accomplish the Project, Grantee further desires to purchase from Grantor the
Temporary Construction Easement described herein.
E. Grantor has agreed to purchase the TCE in exchange for payment of $6,000 and
for Grantee's covenants and agreements set forth herein.
Agreement
1. In consideration of the sum of Ten Dollars ($6,000.00) and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, and the
further consideration of the covenants and agreements set forth below, Grantor hereby sells,
conveys, transfers, and delivers to the Grantee its contractors, consultants, subcontractors,
subconsultants, materialmen, suppliers, workers, successor and assigns, the non-exclusive
Temporary Construction Easement and an unknown amount of fill -dirt therefrom.
2. The TCE is granted for vehicular and pedestrian ingress and egress to and from
Grantee's property to do all things reasonably necessary to construct and complete the Project
including, but not limited to, the transport, stockpiling and storage of construction materials,
ao /t - 30(
soil, equipment and vehicles, and the removal of the fill -dirt purchased herein.
3. The Parties acknowledge that Grantee intends to utilize the fill dirt that is cut as
part of the Grantee's grading activities on the Temporary Easement Property to fill the area on
the northern strip of Grantee's property, upon which the grading and resurfacing will be taking
place. Consequently, any fill dirt excavated from the TCE by Grantee shall be placed on the
northern strip of Grantee's property, at the sole cost of Grantee.
4. The Temporary Construction Easement shall commence upon the date of mutual
execution of this Agreement and shall automatically expire upon (i) the date construction of the
Project has completed or (ii) one year from the mutual execution of this Agreement, whichever
date shall occur first, unless extended in writing by mutual of agreement of the Parties.
5. Upon expiration of the Temporary Construction Easement, the Grantee, at its
sole cost and expense, shall restore the TCE to substantially the same condition it was in prior
to Grantee's use, including the replacement of soil and sod that may have been affected by
Grantee's use of the Property, including the reseeding of the disturbed area, if necessary. Grantee
shall not leave any rubbish or debris on or about the TCE. Grantee agrees to slope the TCE to
a % gradient after removal of the fill -dirt, and shall ensure that no utilities are affected by the
removal work. Grantee further agrees to continue to maintain the TCE for the period of one year
after the completion of the Project to ensure the reseeding and/or sod replacement is successful.
6. Upon termination of this Agreement, all covenants in this instrument are
released (other than Grantee's restoration obligations set forth in Paragraph 4, which shall
survive the expiration or termination of this Agreement) and the Temporary Construction
Easement shall be considered free and clear of any restriction or any right or privilege attaching
to the grant of the TCE set forth in this Agreement.
7. Grantor covenants and agrees that it is the fee owner of the Temporary
Construction Easement and that it has the authority to enter into this Agreement and to grant
this TCE to Grantee.
8. Grantor warrants that no building, structure, or other above or below ground
obstruction that may interfere with the purposes for which this Temporary Construction
Easement is granted may be placed, erected, installed or permitted upon the TCE during the
term hereof except for existing improvements, if any. The Grantor further agrees that in the
event the terms of this Agreement are violated, that such violation shall immediately be corrected
by the Grantor at Grantor's sole expense upon receipt of written notice from Grantee.
9. Grantor reserves all rights attendant to its ownership of the Temporary
Construction Easement, including but not limited to the use and enjoyment of the TCE for all
purposes not inconsistent with the terms and conditions of this Agreement.
10. All notices provided for herein shall be in writing and shall be personally
delivered or mailed by registered or certified United States mail, postage prepaid, return receipt
requested, to the parties at the addresses given below or at such other address that may be
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specified by written notice in accordance with this paragraph:
If to Grantor:
If to Grantee:
With a copy to:
Weld County
Attn: Toby Taylor
1555 N. 17th Avenue,
Greeley, CO 80631
Golden Eye Investments, LLC
Attn: Thomas J. Roche
361 71' Avenue
Greeley, CO 80634
Brown Dunning Walker PC
Attn: Douglas W. Brown
2000 S. Colorado Blvd
Tower II, Suite 700
Denver, CO 80222
11. This Agreement represents the entire agreement between the Parties as it relates
to the Temporary Construction Easement and supersedes all prior negotiations, representations,
or agreements, either written or oral. Any amendments to this Agreement must be in writing
and signed by both Parties.
12. Each and every term, condition, or covenant of this Agreement is subject to
and shall be construed in accordance with the provisions of Colorado law. Venue for any action
arising out of this Agreement shall be in the District Court in the County of Weld,
Colorado.
13. The benefits and burdens of the Temporary Construction Easement shall inure to
the benefit of and be binding upon the Parties and their respective successors and assigns.
14. This Agreement shall not be recorded, but shall nevertheless become effective
upon full execution by the Parties.
15. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
16. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the Parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the express
intention of the Parties that any entity other than the Parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day
and year first set forth above.
GRANTOR:
ATTEST: s: )tW X444. BOARD OF COUNTY
CLERK TO THE BOARD
By:
COMMISSIONERSOF WELD COUNTY
J� SBy:
Deputy CI t. he Boa;
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Steve Moreno, Chair OCT 1 5 2018
RE: TEMPORARY CONSTRUCTION EASEMENT - CRIME LAB
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS TO FUNDING:
'Oat.da4
Controller /
6,4*.1%.
APPRnAS JTO FORM:
County Attorney
GRANTEE:
GOLDEN EYE INVESTMENTS, LLC
Signed:''-"
By: oMo Rott ,
Its: Ma.Aa7,,
STATE OF COLORADO )
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COUNTY OF Lt )c t ck )
The foregoing instrument was subscribed to and acknowledged before me this
day of r , 2018, by -'70,s as
/A-I&,t„ of Golden Eye Investments, LLC.
Witness my hand and official seal.
[SEA L COOK
NOTA
RY PUBLIC
STATE OF COLORADO
NOTARY ID 20064047116
MY COMMISSION EXPIRES NOVEMBER 17, 2018
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Notary Public
My commission expires: NOuem bee /7, ?es 8
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