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RESOLUTION
RE: APPROVAL OF FIRST AMENDED LEASE AGREEMENT - HERBST GRAVEL PIT
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 Lease Agreement with Hall-Irwin Construction Company dated
April 16, 1990, the Board did lease the sand, gravel and aggregate in a portion
of property being further described as a part of Section 31, Township 6 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board has been presented with an amended lease agreement for
said property, and
WHEREAS, the Board deems it advisable to approve said amended lease
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amended Lease Agreement for Sand, Gravel and
Aggregate for the Herbst Gravel Pit with Hall-Irwin Construction Company be, and
hereby is, approved.
BE IT FURTHER RESOLVED that the Chairman is hereby authorized to sign said
amended agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by he follow
ing
vpte on 'the 30th day of December, A.D. , 1991.
�� / BOARD OF COUNTY COMMISSIONERS
ATTEST: ?IK�J WELD COUN Y, LORADO
Weld County Clerk to the Board
Gord n acy, C rman
BY: 47-4-1,,,A-1 �-„. cc
lleputy Clerk to the Boar - George Kenn dy, Pro-Tem
APPROVED AS TO ORM: EXCUSED
Constance L. Harbert
Count Attorney ��7�
Y Y C. W. Kirby
n
W. H. Webster
911537
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- P1-1013
1ST AMENDED LEASE AGREEMENT FOR SAND, GRAVEL AND AGGREGATE
(HERBST PIT)
THIS 1ST AMENpED LEASE AGREEMENT, made and entered into this
1/46)( — day of hi , 1991, by and between HALL-IRWIN
CONSTRUCTION COMPANY, a Colorado corporation, with offices located
at 3026 Fourth Avenue, Greeley, Colorado 80631 , hereinafter known
as "Lessor, " and WELD COUNTY, COLORADO, by and through the Board of
County Commissioners of Weld County, located at 915 Tenth Street,
Greeley, Colorado 80631, hereinafter known as "Lessee. "
WITNESSETH:
WHEREAS, Lessor owns a sand, gravel, and aggregate mine on its
property located in Section 31, Township 6 North, Range 66 west of
the 6th P .M. , Weld County, Colorado, hereinafter known as the
"Herbst Pit, " and
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, and
WHEREAS , Lessee has need for sand, gravel , and aggregate in
its road and bridge operations and desires to lease Lessor' s
property for the purpose of extracting said minerals .
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, Lessor hereby leases to Lessee those
portions of its sand, gravel, and aggregate mine located on
Lessor ' s property ( the Herbst Pit) in Section 31 , Township 6 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, described
below and under the terms and conditions set forth herein.
1 . Description of Location and Minerals to be Removed.
Lessee shall have the right, but not the obligation to remove sand,
gravel , and aggregate only from Phase IV and Phase VI as designated
on the Herbst Use by Special Review Permit Plan, 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
Page 1 of ,15- Pages
9'1537
other minerals located on the property are reserved unto the
Lessor.
3 . Term. This Amended Lease is effective as of the date
of its execution and shall expire exactly fifteen ( 15) years from
April 16 , 1990 . 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 April
16 , 1990 , in order to provide for water storage. Lessee may store
on the property during years eleven to fifteen of this Amended
Lease Agreement all sand, gravel, and aggregate mined in years one
to ten. This 1st Amended Lease shall supersede the Lease dated
April 16 , 1990 to the extent the terms are inconsistent with the
terms of the lease .
4 . Rent. The rent for this Amended Lease Agreement is
$305 ,000 .00, payable entirely in advance at the time of execution
of the Lease Agreement, which payment is hereby acknowledged.
Lessee shall pay no royalties to the Lessor during the term of this
Amended Lease Agreement.
5 . Costs . Lessee is required to pay, in addition to rent,
the following costs :
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
changes required by any governmental authority,
including said Mined Land Reclamation Board.
b . Any costs required for and additional bonding to
permit Lessee to remove materials while Lessor
concurrently removes minerals from other phases of
Lessor's property.
c. The cost to amend the Special Use Permit Plan, if
made necessary by the execution of this Lease
Agreement.
d. All costs to remove the materials .
6 . Taxes and Special Assessments . Lessor shall pay all
ad valorem taxes on the property and Lessee shall pay all other
taxes levied against the property during the term of this Lease
Agreement, if any. Lessee shall pay all special assessments for
Weld County 83rd Avenue Local Improvement District.
Page 2 of 5 Pages
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.
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 Amended Lease is non-exclusive
as to the remaining portion of the Herbst Pit (phases other than
Phase IV and Phase VI ) .
11 . Reclamation. Lessee shall perform all reclamation
required by the current or amended Reclamation Plan filed with the
State of Colorado, Mined Land Reclamation Board.
12 . Indemnity. Lessee shall hold harmless and indemnify
the Lessor for any and all negligent acts and/or omissions, or any
intentional torts, committed by Lessee, its agents , and employees
in the course of their work pursuant to, and within the scope of,
this Lease, including, but not limited to, attorney' s fees .
13 . Contingency. This Amended Lease is contingent upon
approval of the State of Colorado, Mined Land Reclamation Board, if
necessary, and all other governmental approvals including, but not
limited to, Weld County, Colorado .
14 . Removal of Personal Property at Termination of Lease . At
the termination of this Amended Lease, either at the end of the
term or by cancellation or surrender of prior thereto, Lessee shall
have the right to remove all of the Lessee ' s buildings, structures ,
machinery, equipment, and other personal property from any part of
the demised premises within thirty ( 30 ) days thereafter. Any
property remaining after said thirty ( 30) days shall become the
property of the Lessor.
15 . Non-Assignment . Lessee shall not assign this Amended
Lease Agreement nor sublease the property to any person, firm, or
corporation without the prior written consent of the Lessor.
Page 3 of S Pages
16 . Compliance with Special Use Permit. Lessee shall be
required to follow all requirements and standards of the Herbst
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 . Lessor shall provide for all requirements
of governmental permitting including, but not limited 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.
20 . Utility Relocation Lessor shall relocate all pipes and
utilities necessary to make the area available for mining at
Lessor ' s cost.
21 . Road Improvements . Both Lessee and Lessor' s obligations
with respect to the Weld County Use by Special Review and/or Mining
Permit issued by the Mined Land Reclamation Board shall be deemed
met by the Special Assessments imposed in Weld County 83rd Avenue
Local Improvement District #1991-1 .
WHEREFORE, the parties hereto have signed this Amended Lease
Agreement this 3(4. day of LCP, n-1 be - , 1991 .
LA / � / . WELD COUNTY, COLORADO, by and
ATTEST: ' , ) g through the Board of County
t/J /� � vw Commissi ne of Weld County
Weld County i
Clerk to the bard By: i
Gor o y, Chairman
By: Gib-tee/ c., 47,5,4---a
5eputy Clerk
HALL-IRWIN CONSTRUCTION CO. , a
ATTEST: Colorado Corporat ' n
s v` 1vIL'Ce- ✓znsik,,r
71 5-Pageu4 of , Pages
Vice President President
(CORPORATE SEAL)
/SUBSCRIBED AND SWORN to before me this „2/ u day of / .
, 199,2,1 by ! <� . 1�4J
President df Hall-Irwin Construction Company.
WITNESS my hand and official seal . ,
Notary Publi� 0
My commission expires : Oe-72:-/“,:w=
lshall .bap
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