HomeMy WebLinkAbout20071020.tiff �5
RESOLUTION
RE: APPROVE TERMINATION NOTICE FOR SECOND AMENDED MINING LEASE FOR
"DERR" PROPERTY FOR SAND, GRAVEL, AND AGGREGATE AND AUTHORIZE
CHAIR TO SIGN - DARWIN DERR AND BROKEN ARROW 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, by Resolution #2004-1316, dated May 5, 2004, the Board of County
Commissioners approved a Mining Lease for Sand, Gravel, and Aggregate between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Darwin Derr and Broken Arrow Investments, LLC, with terms and conditions being as stated
in said lease, and
WHEREAS, by Resolution #2004-1428, dated May 17, 2004, the Board of County
Commissioners approved an Amended Mining Lease for Sand, Gravel, and Aggregate between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Darwin Derr and Broken Arrow Investments, LLC, with terms and conditions
being as stated in said lease, and
WHEREAS, by Resolution#2004-2745, dated September 15, 2004, the Board of County
Commissioners approved a a Second Amended Mining Lease for Sand, Gravel, and Aggregate,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County and Darwin Derr, and Broken Arrow Investments, LLC,with terms
and conditions being as stated in said lease, and
WHEREAS,after review,the Board deems it advisable to approve said Termination Notice
for the Second Amended Mining Lease for Sand, Gravel, and Aggregate, 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 Termination Notice for the Second Amended Mining Lease for Sand,
Gravel, and Aggregate between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Darwin Derr and Broken Arrow Investments, LLC,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
terminate said amended lease.
AIM 11111 11111 111111 III HMI 111111 III 11111 IIII Jill
3470445 04/20/2007 01:14P Weld County, CO
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2007-1020
EG0056
fin fid, DcRe( 7
MINING LEASE FOR SAND, GRAVEL, AND AGGREGATE
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
Eza�` WELD COUNTY, COLORADO
ATTEST: gall � � EXCUSED
t'- t1/40 David E. Long, Chair
Weld County Clerk to th :o.,r= � �f
Willi�m :/Je e Prb-Tem
61BY: � i a �'Y � '/ 'r►� C/l i
De.0 y Cler:o the Board
William F. Garcia
APP ED AS T M: EXCUSED
Robert D. Masden
ou`nty Attorney � qy . Ol. - ,-
g j/j�/��i Douglas ademache
'
Date of signature: 7
1111111 Nil 1111111111 111111 III 11111���I IIII
3470445 04/20/2007 01:14P Weld County, CO
2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
2007-1020
EG0056
April 11, 2007
CERTIFIED MAIL
Broken Arrow Investments, LLC
P. O. Box 898
Greeley, Colorado 80632
Attn.: Darwin Den and Douglas Derr
RE: Termination Notice for Mining Lease for Den Property and Weld County
Dear Mr. Darwin Derr and Mr. Douglas Den:
This letter is written as a Notice of Termination of the Second Amended Mining Lease
for Den Property for Sand, Gravel and Aggregate, dated September 15, 2004. The Weld
County Board of Commissioners believes that it is in the best interests of Weld County to
terminate this lease and thereby allow Broken Arrow Investments, LLC,to proceed with
the gravel mining operation independent of County participation. The Board wishes to
express its appreciation in having the opportunity to work with you, and wishes you
success in this endeavor.
As you know, Weld County has invested over$120,000. to retain the services of DSC,
Inc. (Dan Giroux)to prepare an application for the Colorado Division of Mining
Reclamation and Safety mining permit; that application has been substantially completed.
We recommend that, at this point, those prepared application materials be submitted by
you with Broken Arrow Investments designated as operator. The application materials
prepared for the County's Use By Special Review land use approval for a 250,000 ton per
year mining operation on the property will also be made available for your use in that
approval process.
Please feel free to call David Bauer, Weld County Public Works Department, at(970)
304-6496, if you should have any questions regarding this letter.
Yours truly,
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
William H. Jerke, Pro Tem
pc: David Bauer
Bruce T. Barker, Weld County Attorney
11111111111111111 III 111111111111 III 11111 IIII Jill
!iii:,!III445 04/20/2007 01:14P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
,eOD7_/oa 0
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