PERMFILE138511 - Laserfiche WebLink

Home Browse Search

MEMORANDUM AGREEMENT FOR ACQUISITION OF GRAVEL Tliis agreement is entered into t}~e 5th day of August, n.D. 1991, between the BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY, COLORADO (County) and Nicolas Brothers (Owner). RECITALS The purpose of this agreement is to provide for the acquisition of gravel 6y the County, from land owned by the Owner. This land is located in the NE 1/4 and NW 1/4 of Section 2; Township 47N; Range 6W of the New Mexico Principal Meridian (Property). TERM The term of this Memorandum Agreement shall commence on August 12, 1991 and shall be for a period of five (5) years unless sooner terminated under the provisions hereof. CONSIDERATION The consideration of the rights granted to the County by this agreement, the County agrees to pay to the Owner the sum of $0.35 per ton for crushed gravel and $0.50 per cubic yard for pit run material which is removed from the Owner's property. The County shall be the party that determines the quantity of gravel of material that is removed; the owner may request written verifi-cation of that quantity. ADDITIONAL CONSIDERATION The County agrees to fence the pit area and install wire gates as neeeded to allow the Nicolas Brothers to continue their ranching operation. COVENANTS OF OWNER AND RIGHTS OF COUNTY In consideration of the covenants contained herein to be kept and performed by the County, the Owner agrees: 1. To permit agents and employees of the County to enter upon the property for the purposes of the agreement. 2. To permit the County to remove and store topsoil, replace top soil when the lease period is at an end, and to do all those things required of the County under the provisions of the Colorado Mined Land Board. 3. To permit the County to dig, crush and remove dirt, rocks and gravel from the Property. The maximum amount of gravel which may be removed under the terms of this agreement is 100,000 ton/yards.