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Home My WebLink About20000454.tiff RESOLUTION RE: APPROVE ADDENDUM TO MINING LEASE FOR BEARSON PROPERTY FOR SAND GRAVEL AND AGGREGATE AND AUTHORIZE CHAIR TO SIGN - DARRELL AND NELVA BEARSON 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 a Addendum to the Mining Lease for the Bearson Property for Sand Gravel and Aggregate 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 Public Works, and Darrell and Nelva Bearson, 9208 Weld County Road 25, Fort Lupton, Colorado 80621, with terms and conditions being as stated in said addendum, and WHEREAS, after review, the Board deems it advisable to approve said addendum, 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 Addendum to the Mining Lease for the Bearson Property for Sand Gravel and Aggregate 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 Public Works, and Darrell and Nelva Bearson, 9208 Weld County Road 25, Fort Lupton, Colorado 80621, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2000. BOARD OF COUNTY COMMISSIONERS � W LD COUNTY, COLO'ADOATTEST: /J,4,/ Barbara J. , rkmeyer, hair Weld County Clerk to the L•oar. J. ��.►` . J. e' e, Pro-Tem BY: KC- Deputy Clerk to the Boa �Pi �'� �- ` eorge E. Baxter APPROVED AS TO FO . Hall eGnty Attorn z" ' ---- EXCUSED DATE OF SIGNING (AYE) Glenn Vaad 2000-0454 EG0039 FRcfe Board of County Commissioners FROM: Lee D. Morrison, Assistant Weld County Attorney 1111kDATE: February 4, 2000 RE: Addendum to Bearson Gravel Lease COLORADO Attached is a proposed addendum to the gravel lease for the Bearsons. They asked for the use of overburden to be used at a new homesite. They would not be using any topsoil or gravel and the removal and hauling would be done by them and not county crews. The material is not of good quality for county operations and is of a small quantity relative to County operations according to Public Works. The Bearsons would agree to extend the lease term for another 2 years in return. This would help bring to closure the 3 way agreement also involving Central Colorado Water Conservancy District which has some issues remaining with Bearson regarding access to the slurry wall in the vicinity of the new residential parcel. The staff of public works and county attorney are recommending that this matter be placed upon the business agenda for approval. ee orrison Assistant Weld County Attorney xc:Frank Hempen, Bruce Barker, Greg Nelson Place on Agenda? OK Not Work Comment /OK Session Baxter (� Kirkmeyer ,/ Hall V Vaad Geile d;OOo 0`/S'! 1111111 11111 1111111 III Intl 111111 III 11111 IIII IIII 2752851 03/01/2000 05:59P JA Suki Tsukamoto ©C/ 1 of 2 R 0.00 D 0.00 Weld County CO c� Bearson Addendum-1 ADDENDUM TO MINING LEASE FOR "BEARSON" PROPERTY FOR SAND GRAVEL AND AGGREGATE THIS made the 23rd day of February , 2000 between Darrell L. Bearson and Nelva M. Bearson of 9208 Weld County Road 25, Ft. Lupton, Colorado County of Weld, State of Colorado, (hereinafter referred to as "BEARSON" ) and BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, a body corporate and politic operating pursuant to the laws of the State of Colorado and the Weld County Home Rule Charter, doing business at 915 Tenth Street, City of Greeley, County of Weld, State of Colorado, hereinafter referred to as "COUNTY and "is an ADDENDUM to the AGREEMENT of the Parties entered into the 11th day of November, 1998 ("PRIOR AGREEMENT"). This ADDENDUM shall modify the PRIOR AGREEMENT only to the extent specifically set forth herein with all other terms of the PRIOR AGREEMENT confirmed by the Parties. 1. USE OF OVERBURDEN BY BEARSON - BEARSON may, for a period of six months from the execution of this ADDENDUM, enter upon the leased premises and, at his sole cost, remove up to 7,000 cubic yards of overburden for the single homesite described as the 2 % acre parcel described in¶ 1 of the INTERGOVERNMENTAL AGREEMENT, dated July 6, 1998 by and between Weld County by and through its Board of County Commissioners hereinafter referred to as "Weld County," and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District. Bearson shall not remove topsoil or aggregate or other materials which are of value for road construction. Bearson agrees to conform to the permits held by the County from the Division of Minerals and Geology and County. Bearson shall obtain specific on-site approval of the area and the materials proposed to be excavated from the Director of Public works or his designee and shall not interfere with the County mining operation. 2. ADDITIONAL CONSIDERATION, In addition to the consideration in the PRIOR AGREEMENT, BEARSON agrees that the 4'h sentence of ¶ 1 of the PRIOR AGREEMENT shall amended to read: " Mining shall be completed by May 11, 2006 with stockpiling and removal of materials to be completed by May 11, 2008." 3. INDEMNIFICATION OF COUNTY- BEARSON agrees to indemnify and save harmless COUNTY , and its employees and agents, on account of any damage or loss sustain by them or any of them arising by reason of conducting the removal of the overburden during the term of this ADDENDUM.. Bearson agrees to indemnify and hold harmless COUNTY against liability on all claims for damages and injuries to third persons or third persons' property claimed to have resulted from the acts or omissions of BEARSON or its agents or employees in conducting the removal of the overburden during the term of this ADDENDUM to the limits of liability set forth in the Colorado Governmental Immunity Act. 3. NO WARRANTEES -Parties agree that COUNTY is not a merchant engaged in the sale 1 2000-0454 E&o36) MID 111111111111III11111111111111111III11111HMI 2752851 03/01/2000 05:59P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO Bearson Addendum-2 of overburden and that COUNTY makes no warranty, express or implied, that the overburden is fit for the particular use described herein.. BEARSON agrees to take the overburden as is and with all faults. ATTEST: COUNTY OF WELD, STATE OF Liji COLORADO by and through v�r .,� .,� the Board of County Commissioners of Weld County Clerk to th o �, a the County of Weld 1/41 By: o i//1 i Deputy Clerk to the . �� Barbara J. Kirkmey , Chair QV23/W) o.N+ot+, By: g r Darrell IIIIIt!i' rson Itte4 wBy: r Nelva M. Bearson STATE OF COLORADO ) County of Weld ) ss. The forgoing instrument was acknowledged before me this/% day of 1998, by Darrell L. Bearson and Nelva M. Bearson. Witness my hand and official seal. Notary Public My commission expires: // /q c�d 2 Hello