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RESOLUTION
RE: APPROVAL OF PERFORMANCE WARRANTY CONCERNING GEISERT GRAVEL
PIT AND AUTHORIZATION FOR CHAIRMAN 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, pursuant to Section 34-32-101 et seq. , CRS 1973,
as amended, no permit shall be issued by the Colorado Mined Land
Reclamation Board for gravel extraction without a performance
warranty, and
WHEREAS, Weld County wishes to conduct a mining operation
on property known as the Geisert Pit and, therefore, desires to
submit a performance warranty to the Colorado Mined Land Recla-
mation Board, and
WHEREAS, a copy of said performance warranty is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that a performance warranty
concerning Geisert Gravel Pit be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said performance warranty.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
March, A.D. , 1983. {{_.
BOAR OF it44,3—A1nR/�P.lot/ WELDDCOUNTY, COMMISSIONERS
ATTEST:
Weld County C erk a. • corder .�
and . :-rk to the :oard '�
C ck Carls n, Chairman
:Y/:'
puty Count:�' er . M (2sP ro-Tem
A OVED TO FORM:
%eantner
Co t Attorney
Y; C:.---- R. An -tAkt-4
Norman Carlso ey-a •ue a Joh s•LT-4e--
83O323
E00030 C.. c -.10' - QA - 6-e
DAY FILE: March 16, 1983
COLORADO DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
MINED LAND RECLAMATION DIVISION
Room 423. 1313 Sherman Street Telephone : ( 303) 356-35b7
Denver , Colorado 80203
EPRFQRMANQQ WARRANTY
Weld County, Colorado
Aerator Geisert Pit (gravel extraction)
Operation 78-210
Permit No.
KNOw ALL MEN BY THESE PRESENTS, THAT :
WHEREAS , the Colorado Mined Land Reclamation Act ,
C .R .S . 1973 , 34-32- 101 et_a ,. ( the "Act" ) , as amended . pro-
vides that no permit may be issued under tne Act until the
Mined Land Reclamation Board ( the "Board") receives a perfor-
mance warranty (or warranties ) that is a written promise to
comply with all apolicable requirements of the Act .
wHEREAS , Weld County ( the "Operator") , a
municipal corporation , has applied for a permit
to conduct a mining operation known as Geisert Pit
( the "Operation" ) , on certain lands in Weld
County,
Colorado. These lanas are described in exhibit A, attached
hereto, and are referred to herein as the "Affected Lands. "
WHEREAS , in its application for the permit the Operator
has areec to be bound by all requirements of the Act and
all epplicaole rules and rejulations of the Board, as amended
from time to time .
w`iEREAS , the Board has determined, in accordance with
tne Act , that tne estimated costs of reclamation witn regard
to tnose affected lands in Weld County which are
now or may oeco;me Subject tO the permit are those amounts
for tne stated periods of time as set forth in the financial
warranty , wnicn 'ray be amended from time to time to reflect
revised estimates of said costs of reclamation.
WHEREAS , the Operator hereby gives the Board a perfor-
mance warranty pursuant to section 34-32- 117 ( 2 ) of the Act .
and herein promises the Board that it will comply with all
applicable requirements of tne Act with regard to those
Affecteu Lands.
N3' THEREFORE , the Operator hereby promises the Board
tnat it will comply with all applicable requirements of tne
Act witn respect to tne Affected Lands.
Tne Operator further promises the Board, pursuant to
34-32- 112 ( 1 ) ( d ) of tne Act , that it has the lawful authority
to enter upon tne affected lands to conduct mining oper-
ations . including but not limited to reclamation.
Tne description of lands herein is for convenience of
reference only . and no error in such description. nor any
revision of the permitted mining area , nor tne disturbance
cy the warrantor of lands outside of the permitted mining
area shall alter or diminisn the Operator' s obligation here-
under. wnicn snail extend to the reclamation of all such
lands disturbed.
Tne obligation of the Operator hereunder is such that .
if the Operator snail successfully comply with the require-
ments of the act . applicaole rules and regulations , and
the permit, tnen tne Board. upon a finding that the Operator
nas so complied , shall release this performance warranty ,
and tne Operator from its obligation hereunder , to the extent
tnat the 3oard determines that such compliance has been
accomplished. The obligation of the Operator hereunder
snail continua until released in whole or in part by the
Board in accordance with applicable law.
In furtner satisfaction of the requirements of the
Act . the Operator has attached hereto its financial warranty ,
,nigh may be amended from time to time. The Operator agrees
tnat it will maintain a financial warranty ( or warranties )
-C-
for the estimated costs of reclamation in good standing for
the entire life of the permit .
If the Board determines tnat the Cperator is in default
under this performance warranty and has failed to cure such
default , altnough written notice of such default and ample
time to cure such default nave been given, the Operator ' s
financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple
copies . each of wnich shall be treated as an original , but
together they constitute only one agreement , the validity
and interpretation of which shall oe governed by tne laws
of the State of Colorado.
Tne provisions hereof shall bind and inure to tne bene-
fit of the parties hereto and their successors and assigns .
Signed and dated, this 15th day of March
1=83.
Board of County Commissioners
Weld County, Colorado
Operator
By ---
C uck Carlson, Chairman
NOTARIZATION OF OPERATOR ' S 4CKNCwLEDG "ENT
STATE OF COLORADO
) ss .
COUNTY OF WELD
The foregoing instrument was acknowledged before me
tnis 15th day of March 1q$ y Chuck Carlson
Board of County Commissioners of
as Chairman of Weld Countj, Colo . .
•
NO ARY PUBLIC
-Yo - •
•
ADDRESS
4DS
my Commission expires : ✓✓✓
/// /a717
APPROvED :
State of Colorado
mined Land Reclamation Division
Mined Land Reclamation Board
By Date , 19__
Director
Revised Apr. 1982
AG Alpha No. NR LR HVQG
AG File No. CNR/b420/JR
-4-
OFFICE OF BOARD OF COUNTY COMMISSIONERS
Fr
PHONE(303)356-4000 EX7.200
P.O. B2X 758
GREELEY,COLORADO 80632
•
COLORADO
March 15 , 1983
Department of Natural Resources
Mined Land Reclamation Division
423 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
RE: Weld County - Geisert Pit
Permit No . 78-210
ATTENTION: Peter V. O' Connor
Dear Mr. O' Connor:
In connection with the Performance Warranty which has been submitted
to the Mined Land Reclamation Division on this date , please be
advised that the government of Weld County, Colorado, has funds
on hand, at this time , for the full reclamation of the Geisert
Pit and will continue to maintain these funds throughout the life
of this gravel pit until final reclamation is completed.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chuck Carlson, Chairman
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