The URL can be used to link to this page

Home My WebLink AboutC81-022 Floyd Crawfordt U LEASE AGREEMENT BETWEEN THE -COUNTY OF EAGLE, STATE OF COLORADO AND FLOYD CRAWFORD THIS AGREEMENT executed this 1,3 day of April, 1981, by and between Floyd Crawford, hereinafter referred to as the "Lessor", and the County of Eagle, State ' of Colorado, by and through its Board of County Commissioners, hereinafter referred to as the "Lessee". WHEREAS, Lessor is the owner of a parcel of land located on the west side of a county road commonly referred to as the "El Jebel Road" and which has located thereon a gravel pit; and WHEREAS, Lessee is in the process of improving the El Jebel Road and desires to excavate and remove gravel pit materials from Lessor's land for use in said county road. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: 1. Lessee shall have the nonexclusive right to excavate and remove gravel pit materials from that certain gravel pit owned by Lessor referred to hereinabove for the 1140� sole purpose of using such materials in the improvement of the El Jebel Road. 2. In consideration of the use of Lessor's gravel pit, the Lessee hereby agrees to pay an established fee in the amount of twenty-five cents per cubic yard removed and used by Lessee. It is estimated that 7500 cubic yards will be removed from Lessor's gravel pit by Lessee. Quantities removed shall be established by Lessee by loader bucket loads. Lessee's records thereof shall be available for Lessors inspection at all reasonable times. \ , b r 3. Lessee shall submit monthly to Lessor an itemized statement of the amount of gravel pit materials, specified in cubic yards, removed by Lessee during the preceeding month. 4. Upon the receipt of such itemized statement and Lessor's approval of same, the Lessor shall submit an invoice to Lessee itemizing the amount per cubic yard of gravel pit materials removed by Lessee and the total amount due and owing to the Lessor by Lessee. Payment on such invoices shall be made within f if teen (L5 ) days of receipt of the respective invoice by the Lessor. 5. The Lessee agrees to indemnify, defend and hold harmless the Lessor, his respective agents, successors, assigns, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of actions whatsoever, arising out of or related to the Lessee's intentional or negligent acts, errors or omissions or that of it's employees, officers, agents and servants, whether contractual or otherwise. Likewise, the Lessor agrees to indemnify, defend and hold harm- less the County, it's respective agents, officers, servants, and employees of and from any and all costs, damage, injury, liability, claims, liens, demands, action and causes of actions whatsoever, arising out of or related to the Lessor's intentional or negli- gent acts, errors or omissions or that of his respective agents, assigns, successors, and employees. 6. Unless sooner terminated as provided for herein, this agreement shall be effective immediately and shall terminate upon the completion of the improvement of El Jebel Road by Lessee. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this agreement upon the giving of ten (10) days prior written notice of such termination to the other respective party. Notice shall be deemed to have been given upon the mailing of said notice by United Stated certified, first-class mail, postage prepaid, and addressed to the parties -2- / A V at their respective addresses as shall appear herein or upon a Iftwo change of address pursuant to this notice provision. Upon termination of this agreement, Lessee shall without unnecessary delay, restore Lessor's gravel pit to the condition as it existed prior to the Lessee's use thereof. 7. Financial obligations of the Lessee payable after the current fiscal year are contingent upon funds for the purposes set forth in this agreement being appropriated, budgeted and otherwise made available. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this agreement. No modification or waiver of this agreement or of any covenant, condition or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. This written agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the Lessor or the Lessee other than that contained herein. This agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by anyone without the prior written consent of the respective parties hereto. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a Court of competent jurisdiction, this agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. -3- IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above witten. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS By: By: r ::��e CyArk of the B of Dale F. Grant, Chairman C unty Commissioners WITNESS: _4_ LESSOR: By: Floyd Grawford Address: c l Q a 9 , It Telephone: