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Home My WebLink About900332.tiff AR2211282 RESOLUTION RE: APPROVE 15-YEAR LEASE AGREEMENT FOR SAND, GRAVEL, AND AGGREGATE WITH HALL-IRWIN CONSTRUCTION COMPANY AND AUTHORIZE CHAIRMAN TO SIGN N O WHEREAS, the Board of County Commissioners of Weld County, o Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the o affairs of Weld County, Colorado, and 0 a o 3 WHEREAS, Weld County is in need of sand, gravel, and orz aggregate for the construction of County Roads, and A-CO U WHEREAS, a Lease Agreement for Sand, Gravel , and Aggregate N a has been presented to the Board, said Agreement being with o Hall-Irwin Construction Company who owns certain property located o in Section 31 , Township 6 North, Range 66 West of the 6th P.M. , ti a Weld County, Colorado, and W oa at() WHEREAS, said property has been issued a Special Review r H Permit, with the Special Review Permit Plan being recorded at Book :;13, 1253 , Reception Number 02202413 in the Office of the Weld County o a Clerk and Recorder, and w cv ao W W N w WHEREAS, after review, the Board deems it advisable to --iz approve said Lease Agreement which is for a period of 15 years, N4 with the further terms and conditions being as stated in the o Agreement, a copy of which is attached hereto and incorporated u g herein by reference . N 1/4O ri NOW, THEREFORE, BE IT RESOLVED by the Board of County 2 Commissioners of Weld County, Colorado, that the Lease Agreement for Sand, Gravel, and Aggregate with Hall-Irwin Construction w Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Lease Agreement. 900332 O Page 2 o O RE: LEASE AGREEMENT - HALL-IRWIN CONSTRUCTION COMPANY NO U The above and foregoing Resolution was , on motion duly made . and seconded, adopted by the following vote on the 16th day of § April, A.D. , 1990 . • w BOARD OF COUNTY COMMISSIONERS oATTEST: lewitattc„.O WELD UNTY, COLORADO N a Weld County (. 3k and Recorder and Clerk to r13oard ene R. Bran ner, Chairman ta X IC1. ~ x BYE_ a 1J George Kennedy, 0 a e ut �xit �Sl e k P Y Y y'L�.'� O12 APPROVED AS TO FORM: Constance I . Har ert t H CGG� C.W. Kirb NN co W / rm_ ' 1 ��..�___. N [v • County Attorney Gord ac Z N N 4 ua rir, N (h N W W 900332 AR2211283 LEASE AGREEMENT FOR SAND, GRAVEL AND AGGREGATE HIS EASE AGREEMENT, made and entered into this J/j 'ILA day of t, f , 1990, by and between HALL-IRWIN CONSTRUCTION COMPANW, a Colorado corporation, with offices located at 3026 Fourth Avenue, Greeley, Colorado 80631 , hereinafter known as d' O "Lessor, " and WELD COUNTY, COLORADO, by and through the Board of o U County Commissioners of Weld County, located at 915 Tenth Street, p Greeley, Colorado 80631 , hereinafter known as "Lessee. " U WITNESSETH: a o z WHEREAS, Lessor owns a sand, gravel, and aggregate mine on o x its property located in Section 31, Township 6 North, Range 66 • West of the 6th P.M. , Weld County, Colorado, hereinafter known as o the "Herbst Pit, " and U grr a WHEREAS, said sand, gravel, and aggregate mine has been approved as a Use by Special Review Permit by Weld County and a Use by Special Review Permit Plan is on file with the Weld County, ~ x• and WHEREAS, Lessee has need for sand, gravel , and aggregate in its road and bridge operations and desires to lease Lessor' s H property for the purpose of extracting said minerals. --- o NOW, THEREFORE, in consideration of the mutual promises and • covenants contained herein, Lessor hereby leases to Lessee those o cow portions of its sand, gravel, and aggregate mine located on ti w Lessor' s property (the Herbst Pit) in Section 31 , Township 6 .Az North, Range 66 West of the 6th P.M. , Weld County, Colorado, (-44 described below and under the terms and conditions set forth herein. Ua a 1 . Description of Location and Minerals to be Removed. Lessee shall have the right, but not the obligation to remove or-I sand, gravel , and aggregate only from Phase IV and Phase VI as ,`"., r-I designated on the Herbst Use by Special Review Permit Plan, w hereinafter referred to as "the property. " Said Use by Special Review Permit Plan is recorded at Book 1253 and Reception Number 02202413 in the Office of the Weld County Clerk and Recorder. Lessee shall remove the sand, gravel , and aggregate starting at the northernmost portion of Phase IV and moving in the southerly direction in a uniform manner, extracting all materials from Phase IV before removing any materials from Phase VI . 2 . Reservation of Other Minerals to Lessor. This Lease pertains only to the removal of sand, gravel , and aggregate. All other minerals located on the property are reserved unto the Lessor. Page 1 of 4 Pages 400332 3. Term. This Lease is effective as of the date of its execution and shall expire exactly fifteen (15) years thereafter. Any minerals not removed within the term of the Lease will be forfeited by the Lessee. Lessee must complete mining of all sand, gravel, and aggregate within ten (10) years of the effective date o O of this Lease Agreement in order to provide for water storage. o Lessee may store on the property during years eleven to fifteen of ,moo this Lease Agreement all sand, gravel, and aggregate mined in 0 years one to ten. ra 4 4 . Rent. The rent for this Lease Agreement is $305 , 000 .00 , 0 3 payable entirely in advance at the time of execution. Lessee am shall pay no royalties to the Lessor during the term of this Lease • w Agreement. 9a 5 . Costs. Lessee is required to pay, in addition to rent, am the following costs: 0 a. The cost to reclaim the area pursuant to the reclamation plan now on file with the State of Colorado Mined Land Reclamation Board and any m v changes required by any governmental authority, • z including said Mined Land Reclamation Board. r1 H v F b. Any costs required for and additional bonding to o a permit Lessee to remove materials while Lessor concurrently removes minerals from other phases of m • C.4 Lessor' s property. N fz HZ c. The cost to amend the Special Use Permit Plan, if N 4 made necessary by the execution of this Lease o Agreement. U fx d. All costs to remove the materials. 1/40 H 6 . Taxes. Lessor shall pay all ad valorem taxes on the H property and Lessee shall pay all other taxes levied against the property during the term of this Lease Agreement, if any. w 7 . Title. This Lease shall be taken subject to all easements, restrictions , and covenants of records. Prior to the execution of this Lease, the Lessee, at its costs, may examine title to ensure that it is adequately protected from adverse claims. 8 . Limitation on Warranties. No warranties shall extend by operation of his Lease from Lessor to Lessee, other than warranty of title. Lessor makes no warranties as to the quality or quantity of sand, gravel, and aggregate at the property. Page 2 of 4 Pages 900332 9. Access. Lessee shall have access through the Lessor' s remaining property via presently existing roads, for purposes only of access to remove the sand, gravel, and aggregate contemplated by this Lease Agreement. 10 . Non-Exclusive. This Lease is non-exclusive as to the d o remaining portion of the Herbst Pit (phases other than Phase IV OO and Phase VI) . O m0 11 . Reclamation. Lessee shall perform all reclamation required by the current or amended Reclamation Plan filed with the ,a State of Colorado, Mined Land Reclamation Board. a O 12. Indemnity. Lessee shall hold harmless and indemnify the o w Lessor for any and all negligent acts and/or omissions , or any Ca intentional torts, committed by Lessee, its agents, and employees o in the course of their work pursuant to, and within the scope of, w this Lease, including, but not limited to, attorney' s fees. n r o 13. Contingency. This Lease is contingent upon approval of the State of Colorado, Mined Land Reclamation Board, if necessary, a• and all other governmental approvals including, but not limited ow to, Weld County, Colorado. rn V rn z 14 . Removal of Personal Property at Termination of Lease. ---„▪ w At the termination of this Lease, either at the end of the term or o w by cancellation or surrender of prior thereto, Lessee shall have a the right to remove all of the Lessee ' s buildings, structures, m o machinery, equipment, and other personal property from any part of N w the demised premises within thirty (30) days thereafter. Any property remaining after said thirty (30) days shall become the N z property of the Lessor. N 0 �+ 15 . Non-Assignment. Lessee shall not assign this Lease a Z Agreement nor sublease the property to any person, firm, or corporation without the prior written consent of the Lessor. ▪ tO N i 16. Compliance with Special Use Permit. Lessee shall be required to follow all requirements and standards of the Herbst w W Special Use Permit. 17. Bond. At the Lessee' s option Lessor shall obtain a bond in the amount up to $305, 000 .00 to ensure that Lessee has perpetual right during the contract period to mine and remove sand, gravel, and aggregate from the property without third party restriction including, but not limited to, restrictions by the State of Colorado, Mined Land Reclamation Board. Lessee shall pay cost of bond. 18 . Government Permitting. Lessor shall provide for all requirements of governmental permitting including, but not limited Page 3 of 4 Pages 900332 to, all water augmentation and adjudication requirements, mining permits, and Special Use Permits. Lessor shall provide Lessee with copies of all such permits , water decrees , and water augmentation plans. 19. Costs Paid by Lessor. All costs associated with water augmentation, adjudication, storage, etc. , shall be paid by Lessor. sr o 00 u 20 . Lessor shall relocate all pipes and utilities necessary ,-o to make the area available for mining at Lessor ' s cost. U Ca 21 . Road Improvements Agreement. Lessee shall pay a pro o w rate share of any road improvements agreement costs associated oz with the Weld County Use by Special Review and/or Mining Permit o x issued by the State of Colorado, Mined Land Reclamation Board, w according to the following percentages : wa. Lessor = 66% of cost. V' C4 0 b. Lessee = 34% of cost. .. w M ~ a WHEREFORE, he parties h reto have signed this Lease o a Agreement this day of /4-,3,2/ 1 , 1990 . mt.) m z r �.t.ta/ A� J WELD COUNTY, COLORADO, by and C w ATTEST: 7/ through the Board of County r• Commis ners o Weld County x Weld Count, .� e Recorder � wV G., and Clara' , ' 4-Bo By: �l4104 /l �J41O r R. Br co antner,ene Chairman • ti N Z D puty - my Clerk / o'' HALL-IRW N CONSTRUCTION CO.S, �1 r t w r< ATTEST: Colorad Crpokt 'nen Vic President Pres ent ",Cs s;° lt, $ W [ti (CORPORATE SEAL) SUBSCRIBED AND SWORN to before me this 5th day of April , 19 90 , by George W. Hall , President of Hall-Irwin Construction Company. frO1O k WITNESS my hand and official seal. , ♦ .••. A ©. CG c eC- L / �3l -INotary Public ti �co a' My commission expires: October 10, 1993 t J • A Page 4 of 4 Pages .iQ0332 Hello