HomeMy WebLinkAbout981178.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR KOENIG PIT AND
AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY
DISTRICT
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 an Intergovernmental Agreement for
the Koenig Pit between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Public Works Department, and the
Central Colorado Water Conservancy District, with terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Intergovernmental Agreement for Koenig Pit between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Public Works Department, and the Central Colorado Water
Conservancy District be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
N . t's4v ` �� ✓u "'' Constance . H bert, Chair
Weld County Clef; o ye Board
r'.
J : W. . ebs e , Prm
to t e Board
org‘E. Baxter
AP OV A F M:
D), K. Hall
ounty torney
ar ara J. Kirkmeyer
981178
LC! EG0037
E6- e A; cc -'c-
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this 6th
day of July , 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,
hereinafter referred to as "Central," pursuant to §29-1-203, C.R.S., §37-45-101, et seq.
C.R.S., §30-11-101, et seq. C.R.S., and Article II, §2-3, Weld County Home Rule Charter.
WITNESSETH:
WHEREAS, Weld County owns property described on Exhibit 1, attached hereto
and made a part hereof, hereinafter referred to as "the property," and has obtained from
the Colorado Mined Land Reclamation Board a Mining Permit, to conduct sand and gravel
operations on the property at the location of what is commonly referred to as the "Koenig
Pit"; and
WHEREAS, Weld County and Central entered into an Intergovernmental Agreement
dated February 26th, 1992 concerning the property which included an Option to acquire
the land/fee title along with one share of Lupton Bottoms Ditch Company and all minerals
in consideration for the assumption by Central of Weld County's obligation to augment out-
of priority depletions from the Koenig Pit located on the property; and
WHEREAS, Central exercised the Option by letter dated September 11, 1996.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
covenants of the parties hereto, and to complete the terms of the Option, IT IS AGREED
AS FOLLOWS:
1. Weld County shall secure and transfer to Central a parcel of land (parcel N° 1) in
fee title for a pipeline and pumping plant as follows: A parcel 50 feet wide and 800
feet long (0.92 acres) proceeding from the property, in an easterly direction, parallel
to and abutting the north line of the S% of the SW'/ of Section 18, Township 2
North, Range 66 West of the 6th P.M., Weld County, Colorado, until it terminates at
the west bank of the South Platte River and adjacent thereto and on the west bank
of the South Platte River a tract 130 feet by 130 feet (0.39 acres). Such easement
shall be secured no later than August 19, 1998. To facilitate the securing of the
above parcel Central agrees to convey to Weld County a parcel of land (parcel N°
2), in fee title, at least 2% acres in size generally located on the property adjacent
to and east of the Meadow Island Ditch N2 1 and South of the tank battery along
with access to said parcel. Access shall be by a non-exclusive easement granted
by Central for a road 20 feet in width and running from Weld County Road 25 along
F:\KIM\CCWC\KOENIG\AGREE6 1
the south line of the property to the Meadow Island Ditch N2 1 thence north to the
2% acre lot. Weld County shall survey and obtain legal descriptions for Parcel N2
1 and Parcel N2 2 and the access easement. The locations and configuration of
Parcel N2 1 and Parcel N2 2 and the access easement shall be subject to Central's
approval. Weld County will secure all approvals necessary to create and lawfully
transfer said parcels. The costs of the surveys and approvals shall be shared
equally by the parties. The permanent access road shall not be established until
after the slurry wall is constructed and in any event must be outside the perimeter
of the slurry wall. Temporary access to Parcel N2 2 will be allowed but such access
may not interfere with any construction.
2. The Koenig Pit has not yet been completely mined by the Weld County and Weld
County shall retain the right to mine and remove sand and gravel. The parties agree
to enter into a mining lease consistent with the terms of this agreement and the
existing permits at time of closing. Weld County agrees to excavate sufficient
material to leave a minimum storage capacity of 900 acre feet upon completion.
Weld County agrees it will use it's best efforts to mine all the gravel that it is
economically feasible to mine so as to increase the storage capacity above 900
acre feet. To assist in the excavation down to shale Central agrees to complete a
slurry wall around the perimeter of the pit by December 31, 2000, the purpose of
which is to decrease the need for dewatering of the mining area. To avoid any
damage to the slurry wall, in consultation with Weld County and in accordance with
existing permits, Central shall designate the point at which Weld County shall have
access for mining across the slurry wall and Weld County shall be limited to that
point of access.
3. Once the slurry wall is complete Central shall bear all the expense to keep the pit
dewatered. Central, however, shall only be required to dewater the pit 90 days
after advance written notice from the County of the need for dewatering to facilitate
mining. Central may use the pit for storage of water at such times storage use does
not interfere with Weld County's ability to mine. The parties agree that dewatering
shall be done at a time and in a manner so as to maximize the beneficial use of
Central's water stored in the pit. If mining ceases and Central uses the pit for
storage, Weld County shall give Central 90 days written notice of intent to resume
mining so Central can evacuate it's stored water and make beneficial use of the
same.
4. Weld County agrees that it will complete mining of the Koenig Pit, so that a
minimum 900 acre foot space is available for storage of water by Central, no later
than September 30, 2011. In the event Weld County is unable to completely
excavate the Koenig Pit by this date, it may obtain a five year extension by written
notice to Central before the expiration of the term. Weld County shall be entitled
to a total of three such five-year extensions. If Weld County does not excavate the
F:WMICCWCWOENIG' GREE6 2
pit fully by September 30, 2011 or any extensions taken by Weld County, Central
shall have the right to pursue any remedies available to it by law to enforce the
terms of this agreement, and Central shall have all right, title and interest in and to
the sand, gravel and aggregate on property.
5. Weld County shall convey by warranty deed the land, water rights and mineral
rights free and clear of all liens, encumbrances, assessments and leases of any
kind. The parties shall sign a mining lease and convey any other documents
necessary for the completion of the option and conveyance. Closing shall be
August 19, 1998. Closing shall be at the office of Central's attorney, 1011 11th
Avenue, Greeley, Colorado.
6. Title shall be merchantable in the Weld County for the land, mineral rights and
water rights. Weld County shall provide a copy of the stock certificate for the share
upon execution of this Agreement. Weld County shall execute and deliver an
assignments of water stock conveying free and clear title to the Central at closing.
Weld County shall take all actions necessary to transfer the stock to Central. Any
transfer fee shall be paid by Weld County. Weld County shall also execute a
special warranty deed to Central conveying the water stock. Weld County warrants
that title to the land, mineral rights, water rights and water stock will be conveyed
free and clear of all liens, encumbrances, assessments and leases of any kind. All
assessments due, or made by the company prior to the date of closing, shall be
paid by Weld County. Weld County will provide a title commitment to the land and
minerals 30 days after execution of this Agreement and will pay the cost of title
insurance. The parties shall share equally in any closing costs charged or incurred
by third parties as a result of this Agreement.
7. Weld County shall also transfer to Central at closing the Water Application and
claim for water right for the Koenig Pit filed in Case N4 92-CW-021 and any well
permits or well permit applications.
8. Weld County owns 1 share of the Lupton Bottoms Ditch Company that will be
transferred to Central at closing. Once the slurry wall liner is complete there will be
no evaporation augmentation obligation from the pit, but there may be some
obligation until that time. Central agrees to assume all obligation for augmentation
from the Koenig Pit after August 19, 1998. After the slurry wall liner is complete
there may still be augmentation obligation associated with water used in the mining
operation for reclamation, gravel washing, dust suppression and by exporting the
gravel from the site. Central will provide year around augmentation of these uses
not to exceed the historic consumptive use of the 1 share. In the event that the 1
share of the Lupton Bottoms Ditch Company is not sufficient to fully replace
depletions attributable to such uses Weld County shall make additional water or
water rights available to Central, from a source acceptable to Central, to the extent
F:U(IMCCWCIKOENIGWGREE6 3
necessary to replace such depletions in time and amount, provided, however, that
any insufficiency in the replacement water supply due to timing of replacement
during the months October through April shall be addressed by Central.
9. This Intergovernmental Agreement may be enforced by either Weld County or
Central by seeking any appropriate equitable or legal remedies, including injunctive
relief, specific performance, and damages. In the event that litigation is commenced
to obtain such enforcement, and Central prevails, Weld County and/or its
successors and assigns agree to pay for any reasonable attorneys fees and court
costs expended by Central in obtaining such enforcement. However, if Weld
County prevails, Central shall pay all reasonable attorneys fees and court costs
expended by Weld County.
10. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties-or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this Agreement.
11. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
12. County shall be entitled to an option, exercisable within two years after the
completion of storage space in the reservoir, for up to 50% of the first 200 acre feet
of storage created in excess of the 900 acre feet minimum, to be used for storage
for any lawful purpose including augmentation to replace depletions from County
gravel operations. The cost to exercise this option shall be for each acre foot of
space acquired under the option. The cost per acre foot shall be the total project
costs, which shall include but not be limited to the slurry wall, inlet and outlet
structures, utilities and permits divided by the total storage space in the reservoir.
If the option is exercised the County shall be allowed to use the outlet structures to
deliver it's water and shall share proportionally in future operation and maintenance
costs.
13. The term of this Agreement shall be perpetual. It shall be binding upon the parties,
their successors and assigns.
14. The representations, warranties and indemnities made by the parties to this
Agreement and the covenants and agreements to performed or complied with by
F:WMICCWC'KOENIG°,GREE6 4
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
GREELEY,COLORADO 80631
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)356-9160
KIM R.LAWRENCE (970)353-2323
TELECOPIER
JEFFREY R.BURNS (970)356-1111
kimlaw@INFO2000.net
June 18, 1998
Lee Morrison, Esq.
Assistant Weld County Attorney I
P. O. Box 1948
Greeley, Colorado 80632 JUN 19 1998
Re: Koenig Pit Agreement
cO(�n ry
Al ! ----- OrFICr:
Dear Lee:
Enclosed are two originals of the Agreement revised as we discussed June 15t. Exhibit
1 is a legal description of the property owned by the County. Would you please attach the
Exhibit since I do not have the legal?
Sincerely,
LIND, LAWRENCE & OTTENHOFF LLP
Kim R. Lawrence
KRUkrl
pc: Tom Cech (w/enc)
FAKIMICCWC KOENIGWORRIS6.LTR
t��i i 73
LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
GREELEY,COLORADO 80631
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)3563160
KIM R.LAWRENCE (970)353-2323
TELECOPIER
JEFFREY R.BURNS (970)356-1111
kimlaw@INFO2000.net
July 6, 1998
Lee Morrison, Esq.
Assistant Weld County Attorney
P. O. Box 1948
Greeley, Colorado 80632
Re: Koenig Pit Agreement
Dear Lee:
Enclosed are two originals of the Agreement revised as we discussed today to revise the
dates from July 18th to August 19'h. Exhibit 1 is a legal description of the property owned
by the County. Would you please attach the Exhibit since I do not have the legal?
Sincerely,
LIND, LAWRENCE & OTTENHOFF LLP
Kim R. Lawrence
KRUkrl
pc: Tom Cech (w/enc)
F:XIMCCWCIKOENIGNAORRIS7.LTR
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