HomeMy WebLinkAbout851147.tiff RESOLUTION
RE: APPROVAL OF PERFORMANCE WARRANTY FOR LYNESS 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, Weld County did submit an application to the Mined
Land Reclamation Board for a permit to conduct a mining operation
known as the Lyness Gravel Pit on property described as being
located in Part of the Sh, SE4 of Section 31 , Township 9 North,
Range 61 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has received
notification from the Mined Land Reclamation Board that the above
mentioned application was approved by MLRB, and
WHEREAS , pursuant to Section 34-32-101 et seq. , CRS , as
amended, the Colorado Mined Land Reclamation Act, no permit may be
issued until the Mined Land Reclamation Board receives a
Performance Warranty from the Operator, and
WHEREAS, the Board of County Commissioners has been presented
with a Performance Warranty which states the terms and conditions ,
a copy of said Warranty being attached hereto and incorporated
herein by reference, and
WHEREAS , the Board of County Commissioners deems it advisable
and in the best interests of Weld County to approve said
Performance Warranty.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
mentioned Performance Warranty for the Lyness 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.
851147
Page 2
RE: PERFORMANCE WARRANTY - LYNESS GRAVEL PIT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 24th day of
April, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: \Th� 4El�/ WELD COUNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Board acq line J son, Chairman
EXCUSED
Gene R. Brantner, Pro-Tem
15e uty County C rk
APPROVED AS TO FORM: C.W. Kim ,CC7L--
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County Atto Z-4
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� � � �9p DEPARTMENT OF NATURAL RESOURCES
* ri 4 "� * David H.GetcheS,Executive Director
MINED LAND RECLAMATION DIVISION
* 1876 *
DAVID C.SHELTON, Director i `4-,TI
Richard D.Lamm '
Governor
PERFORMANCE WARRANTY
Operator: WELD COUNTY (ROAD AND BRIDGE DEPARTMENT)
Operation: LYNESS GRAVEL PIT
Permit No: 80-121
•
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973,
34-32-101 et seq. (the "Act"), as amended, provides that no permit may be
issued under the Act until the Mined Land Reclamation Board (the "Board")
receives a performance warranty (or warranties) that is a written promise to
comply with all applicable requirements of the Act.
WHEREAS, WELD COUNTY (the "Operator"), a
County Government corporation, has applied for a permit to conduct
a mining operation known as Lyness Gravel Pit (the "Operation") on
certain lands in Weld County, Colorado. These lands 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 agreed
to be bound by all requirements of the Act and all applicable rules and
regulations of the Board, as amended from time to time.
WHEREAS, the Board has determined, in accordance with the Act, that
the estimated costs of reclamation with regard to those affected lands
• in . Weld County which are now or may become subject to the permit
are those amounts for the stated periods of time as set forth in the financial
warranty, which may be amended from time to time to reflect revised estimates
of said costs of reclamation.
WHEREAS, the Operator hereby gives the Board a performance 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 the Act with regard to
those Affected Lands.
NOW, THEREFORE, the Operator hereby promises the Board that it will
comply with all applicable requirements of the Act with respect to the
Affected Lands.
•
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30?) 866-3567
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The Operator further promises the Board, pursuant to 34-32-112(1)(d)
of the Act, that it has the lawful authority to enter upon the Affected Lands
to conduct mining operations, including, but not limited to, reclamation.
The 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 the disturbance by the Warrantor of lands outside of the permitted
mining area shall alter or diminish the Operator' s obligation hereunder, which
shall extend to the reclamation of all such lands disturbed.
The obligation of the Operator hereunder is such that, if the
Operator shall successfully comply with the requirements of the Act,
applicable rules and regulations, and the permit, then the Board, upon a
finding that the Operator has so complied, shall release this performance
warranty, and the Operator from its obligation hereunder, to the extent that
the Board determines that such compliance has been accomplished. The
obligation of the Operator hereunder shall continue until released in whole or
in part by the Board in accordance with applicable law.
In further satisfaction of the requirements of the Act, the Operator
has attached hereto its financial warranty, which may be amended from time to
time. The Operator agrees that it will maintain a financial warranty (or
warranties) for the estimated costs of reclamation in good standing for the
entire life of the permit.
If the Board determines that the Operator is in default under this
performance warranty and has failed to cure such default, although written
notice of such default and ample time to cure such default have been given,
the Operator's financial warranty shall be subject to forfeiture.
This performance warranty may be executed in multiple copies, each of
which shall be treated as an original, but together they constitute only one
agreement, the validity and interpretation of which shall be governed by the
laws of the State of Colorado.
The provisions hereof shall bind and inure to the benefit of the
parties hereto and their successors and assigns.
Signed and dated this 24th day of April , 85 .
WELD COUNTY (Road & Bridge Department)
• Operator
BY p,.c.q n _ YY 7y�
J;cque ne Johns Chairman
�oard o County Commissioners
-3-
NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before this — day
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My Commission expires:
APPROVED:
State of Colorado
Mined Land Reclamation Division
Mined Land Reclamation Board
By Date
Director
Doc. No. 1856
(Rev. 3/83)
Financial Warranty
Exhibit A
File No.: 80-121
Operation Name: LYNESS GRAVEL PIT
Legal Description: PT. Sz, SEa of Section 31, Township 9 North, Pang
61 West of the Sixth Principal Meridian Wald rnunty, Colorado .
Acreage: 4.43 Acres
County: Weld -
' State: Colorado
34-32-101 et seg. , C.R.S. 1973, as amended
(Rev. 8/83) _
Doc. No. 4983
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