HomeMy WebLinkAbout972113.tiffRESOLUTION
RE: APPROVE HOKESTRA GRAVEL PIT AGREEMENT AND AUTHORIZE CHAIR 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, the Board has been presented with a an agreement regarding the Hokestra
Gravel Pit among 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 John P.
Slovek, Jr., Gary W. Slovek, Michael S. Slovek, Joan Leslie Stearns and Patricia Fox (The
Sloveks), and Raintree, LTD, 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 agreement regarding the Hokestra Gravel Pit among 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 John P. Slovek, Jr., Gary W.
Slovek, Michael S. Slovek, Joan Leslie Stearns and Patricia Fox (The Sloveks), and Raintree,
LTD 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 29th day of September, A.D., 1997.
ATTEST:
Weld Coy
BY
Deputy Clerk to the Board
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
George E. Baxter, Chair
nce L. Harbert. P;o-Tem
Da K. /Hall
arbara J.
Kirkmeye
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972113
EG0036
3 33
AGREEMENT
1. PARTIES. The parties to this Agreement are JOHN P. SLOVEK, JR., GARY
W. SLOVEK, MICHAEL S. SLOVEK, JOAN LESLIE STEARNS and PATRICIA
FOX, (Sloveks), RAINTREE, LTD., a Colorado corporation (Raintree), and the
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
(County), a body corporate and politic operating pursuant to the laws of the State of
Colorado and Weld County home rule charter. The Sloveks, Raintree and County are
collectively referred to as the parties.
2. RECITALS. The Sloveks own the real property described in EXHIBIT A (the
property). Portions of the property have been leased to the County for mining of
sand, gravel and aggregate pursuant to a "Mining Lease For HOKSTRA PROP-
ERTY For Sand, Gravel And Aggregate" recorded in the Clerk and Recorder's
office, Weld County, Colorado, Reception No. 02128314 and a "Mining Lease For
SLOVEK PROPERTY For Sand, Gravel And Aggregate" recorded as Reception
No. 02128315 in the Weld County Clerk & Recorder's office. The two leases are
collectively referred to as the "Lease Agreements." The County has completed its
mining operations pursuant to the Lease Agreements. The parties, therefore, desire
to finally resolve their respective obligations under the Lease Agreements. Raintree
has contracted to purchase the property and the Sloveks and County agree that
Raintree should approve this Agreement.
NOW, THEREFORE, the parties agree as follows:
3. TRANSFER OF ONE -QUARTER RURAL DITCH SHARE. Contempora-
neously with the execution of this Agreement, Sloveks shall cause the transfer of a
one -quarter share of stock in the Rural Ditch Company to the County. County shall
be entitled to claim all of the historic use credits associated with said one -quarter
share in proceedings in the District Court for Water Division No. 1, State of Colo-
rado or in any other forum.
4. COMPLETION OF RECLAMATION. Sloveks agree that the County has
completed to Sloveks' satisfaction reclamation of the property as required by the
applicable permits issued by the Mined Land Reclamation Board and Weld County.
Sloveks agree to execute forms necessary to indicate Sloveks' approval of the
reclamation.
5. SATISFACTION OF AUGMENTATION REQUIREMENT. The County
agrees that Sloveks, after the transfer of the one -quarter share of Rural Ditch
specified in ¶3 above, shall have no further obligation pursuant to ¶4 entitled
"Water" in each of the Lease Agreements. The transfer of the one -quarter share of
Rural Ditch shall fulfill all of Sloveks' obligations pursuant to that paragraph of each
of the Lease Agreements. PD. n MEMORANDUM'S
DC,C. E:ENT WAS FOUND
70 6: IM,DEQU; E FOR
G:ICLIENTSUUJKISLOVJ-AGR-WITH-CTY.DOC .5'.,t11',7;i1'iiu i'U(jj'USES. 08(18/874:53 PM
2573333 B-1631 P-498 10/09/1997 10:18A PG 1 OF 10 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
972113
6. NO EXPANSION OF AUGMENTATION OBLIGATION. The mining
conducted pursuant to the Lease Agreements has resulted in the creation of gravel
pits which are filled with ground water. Because the ground water is exposed to the
atmosphere, evaporation of a certain amount of ground water occurs. The County is
obligated pursuant to the Lease Agreements to replace the depletions to the South
Platte River and its tributaries that result from the evaporation to the extent required
by Colorado law. Said obligation shall survive and continue after this Agreement.
Sloveks agree that should they reconfigure or expand the gravel pit resulting in the
obligation to replace the depletions caused by evaporation to the South Platte River
and its tributaries to increase, then the increased or incremental amount of replace-
ment water required shall be the obligation of the Sloveks. Should the Sloveks
reconfigure or expand the gravel pits causing increased depletions, and said deple-
tions resulting from increased evaporation are replaced by the County in a plan for
augmentation or substitute supply plan, the Sloveks shall be responsible for a portion
of the County's reasonable legal and engineering costs in adjudicating the plan for
augmentation or obtaining approval of a substitute supply plan. The Sloveks' portion
of the costs shall be calculated by dividing the increased depletions by the total
depletions that are required to be replaced and multiplying that percentage by the
County's reasonable legal and engineering costs. For example, if the present deple-
tions that are required to be replaced are 40 acre feet per year and the Sloveks'
reconfiguration or expansion causes an additional ten acre feet to be replaced, then
the Sloveks shall be responsible for 10=50 or 20% of the County's reasonable legal
and engineering expenses in such adjudication.
7. NOTICES. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by
certified or registered mail, postage and fees prepaid, addressed to the party to
whom such notice is intended to be given at the address set forth below, or at such
other address as has been previously furnished in writing to the other party or
parties. Such notice shall be deemed to have been given when deposited in the U.S.
Mail.
SLOVEKS:
John P. Slovek, Jr. Gary W. Slovek,
Michael S. Slovek, Joan Leslie Stearns
and Patricia Fox
4777 Weld County Road 24 %
Longmont, CO 80504
COUNTY:
Board Of County Commissioners
Weld County, Colorado
P.O. Box 758
Greeley, CO 80632
COCLI ENT8UUJKV3LOVJ-FOR-W ITH-CTY. DOG
2
COPY TO:
Jeffrey J. Kahn, Esq.
Grant, Bernard, Lyons & Gaddis, P.C.
P.O. Box 978
Longmont, CO 80502-0978
COPY TO:
Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
2573333 8-1631 P-498 10/09/1997 10:18A PG 2
OF 10
09/19/9] 4:53 PM
9721.13
RAINTREE:
Raintree, Ltd.
11184 Huron Street, Suite 17
Northglenn, CO 80234-3344
COPY TO:
Sohn Roberts
o r70 3o. *ass
l -nver� C.o $0236
8. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only
for convenience and reference, and are not intended in any way to define, limit, or
describe the scope or intent of this Agreement.
9. EXHIBITS. All exhibits referred to in this Agreement are, by reference,
incorporated in this Agreement for all purposes.
10. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute
any additional documents and to take any additional action necessary to carry out
this Agreement.
11. GOVERNING LAW. This Agreement shall be governed by the laws of
Colorado.
12. BINDING EFFECT. This Agreement shall inure to the benefit of, and be
binding upon, the parties, and their respective legal representatives, successors, and
assigns; provided, however, that nothing in this paragraph shall be construed to
permit the assignment of this Agreement except as otherwise specifically authorized
in this Agreement. This Agreement shall specifically run with the land described in
EXHIBIT A.
DATED: (/ �� -9i
SLOVEKS:
John P. Slovek, Jr.
W
1hael S. Slovek
Gary W. ' lovek
pasAlicev-LL
G:1CL IENTSUUJKISLOVJ. AGR-W ITN•CTY. DOG
n Lesli Stearns
tQaCCI!L_
Patricia Fox
2573333 B-1631 P-498 10/09/1997 10:18A PG 3 OF 10
00119'91 4:53 PM
97,U13
ATTEST: !v
County erk to the Board
Its>'
ATTEST:
Its:
STATE OF COLORADO )
`� )ss.
1. i
COUNTY OF r'R[Wei— )
COUNTY:
By;/ y 1 09/29/97
ItS:Cfiair. Board of County Commissioners
RAINTREE:
an"
The foregoing instrument was acknowledged before me this 'DS= day of ooe sf N co',
M 2)
Sep Prj-- , 1997 by rt.- (A). SioJytet �', '-
¢d:
Witness my hand and official seal.
My Commission Expires 10-30.99
My commission expires: 1250 So. Hover Rd.
STATE OF COLORADO
)ss.
COUNTY OF
The foregoii g instrument was acknowledged before me this ,23day of
—1
*in .0- , 1997 by ' r/OGI.e- •
3
a
Notary Public
v
Witness my hand and official seal.
My commission expires: //--/-
Notary
CP CLIENTRUUJN181 OVJ-FOR-WITH-CTY.DOC
2573333 B-1631 P-498 10/09/1997 10:18A PG 4 OF 10
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972113
STATE OF COLORADO )
//]] ^� )ss.
COUNTY OFLttQ fact k Q )
T foregoing instrument was acknowledged before me this al day of
1997 by C X1.,n ��Ltl 4�
sa... G
Picts thyi Wald and official seal.
f 4
! ro y�o ion) Aires: /a' / /camp.;
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ti'.,'• .•'.
Notary Public
STATE OF COLORADO
COUNTY OF &lL -
Tha fegrA oing instrument was acknowledged before me this PTO day of
f i", 1997 by aQ4 t _
'.r
4 WitkifssA, hand:and official seal. c-
;1/02-9 6/1
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STATE OF COLORADO
COUNTY OF 12c5Z We/ -
The foregoing instrument was
hCzua Sau/Gen•_
Notary Public
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)57.
)
acknowledge4 efore me this D3 —clay of
, 1997 by gr,/c__
Witness my hand and official seal.
My commission expires:
My Commission Expires 1x30.99
1250 So. rlover
Longmont, CO 8050
Notary Public
G:\CLIENTRUUJ K\SLOVJ-MGR-WITH-CTT.OOC
09119/97 4:53 PM
2573333 B-1631 P-498 10/09/1997 10:18A PG 5 OF 10
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STATE OF COLORADO
)ss.
COUNTY OF BOULDER )
Subscribed and sworn to before me this 26th day of September 1997 by John
Roberts, Vice President of Rs'.n 't-- c IL*.cs. {�gjrrfr€t) L -(d
Witness my hand and official seal.
My commission expires: 09/19/1999.
2573333 B-1631 P-498 10/09/1997 10:18A PG 6 OF 10
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972113
EXHIBIT A-1
TO: AGREEMENT
PARTIES: MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD., and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP 2 3 1997
DATED:
Legal Description
A parcel of land being part of the Northwest Quarter of the
Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 North,
Range 68 West of the 6th Principal Meridian, also part of the
Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) of
Section 35, Township 3 North, Range 68 West of the 6th Principal
Meridian all in Weld County, Colorado and being more particularly
described as follows:
BEGINNING at the Northeast Corner (NE Cor) of said NW1/4 NE1/4
and assuming the North line of the Northeast Quarter (NE1/4) of
said Section 2 as bearing North 89.23'22" East with all other
bearings contained herein relative thereto:
Thence -South 00."50'30," West along the East line of said NW1/4
.NE1/4, 562.62 feet to a point 'on -the North bank,.of the Last
Chance Ditch;
Thence along the North bank of said Last Chance Ditch by the
following one (1) course and distance
South 73'16'43" West, 383.98 feet
Thence North 00'19'01" West, 831.18 feet;
Thence North 68'18'12" East, 158.76 feet;
Thence North 17'21'01" West, 645.35 feet to a point on the South
bank of the St. Vrain River as it existed on December 16, 1987;
Thence along said South bank by the following one (1) course and
distance
North 66°53'23" East, 168.20 feet
Thence South 12°37'56" East, 610.89 feet;
Thence North 74'17'35" East, 341.36 feet to a point on the East
line of said SW1/4 SE1/4;
Thence South 00.21'24" East along said East line, 337.02 feet to
the POINT OF BEGINNING.
Said described parcel of land contains 13 531 acres, more or
less, and is subject to any rights -of -way or other -easements as
granted or reserved by instruments of record or as now existing
on'said described parcel of land.
'2573333 B-1631 P-498 10/09/1997 10:18A PG 7 OF 10
972113
EXHIBIT A -2
TO: AGREEMENT
PARTIES: MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD., and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
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DATED:
SEP 2 3 1997
Legal Description
A parcel of land being part of the Northwest Quarter of the
Northeast Quarter (NW1/4 NE1/4) of Section 2, Township 2 North,
Range 68 West of the 6th Principal Meridian, also part of the
Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) of
Section 35, Township 3 North, Range 68 West of the 6th Principal
Meridian all in Weld County, Colorado and being more particularly
described as follows:
BEGINNING at the North Quarter Corner N1/4 Car) of said Section 2
and assuming the North line of said Northeast Quarter (NE1/4) of
said Section 2 as bearing North 89^23'22" East with all other
bearing contained herein relative thereto:
Thence- Ncrth 00°3 a: �o c...we3r....., aloesg-..the West..line...cL..said SW1/4
SEi/4, 555.90 feet to the centerline of the main channel of the
St. Vra`_n River as it existed on December 16, 1987;
Thence along the centerline of said St. Vrain River as it existed
on December 16, 1987 by the following one (1) course and distance
North 65°46'37' East, 1421.21 feet to a point on the East
line of said SW1/4 SE1/4;
Thence South 00^21'24" East along said East line, 765.34 feet;
Thence South 74.17'35" West, 341.36 feet;
Thence North 12'37'56' West, 610.89 feet to a point on the South
bank of the St. Vrain River as it existed on December 16, 1987;
Thence along said South bank as it existed on December 15, 1987
by the following one (1) course and distance
South 66°53'23" West, 168.20 feet;
Thence South 17°21'01" East, 645.35 feet;
Thence South 68'18'12" West, 158.76 feet;
Thence South 00.19'01" East, 831.18 feet to a point on the North
bank of the Last Chance Ditch;
Thence along the North bank of said Last Chance Ditch by the
following two (2) courses and distance
South 45.07'44" West, 206.14 feet;
• South -64'50'03" West, 669.34 feet to a point on the West
line'of said NW1/4 NE1/4;
Thence North 00'42'00" East along said West line, 1147.38 feet
to the POINT OF BEGINNING
Said described parcel of land contains 36.236 acres, more or
less, and is subject to any rights -of -way or other easements as
granted or reserved by instruments of records or as now existing
on said described parcel of land.
972113
DATED:
EXHIBIT A -3
TO: AGREEMENT
PARTIES: MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD., and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP 2 3 1997
Legal Description
A parcel of land being all that part of the Northeast Quarter of
the Northeast Quarter (NE1/4 NE1/4) of Section 2, Township 2
North, Range 68 West of the 6th Principal Meridian, also part of
the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of
Section 35, Township 3 North, Range 68 West of the 6th Principal
Meridian all in Weld County, Colorado as recorded on November 5,
1987 in Bock 1175 under Reception Number 02120263 of the records
of the Weld County Clerk and Recorders lying Northwesterly and
Northerly of the following described line, which is the North
bank of the Last Chance Ditch and being more particularly
described as follows:
BEGINNING at the Northwest Corner (NW Cor) of said NE1/4 NE1/4 as
moneeee eed-by a #4 retiee with aluminum cap.. stamped..e11415 and
assuming the West line of said NE1/4 NE1/4 as bearing South
00"16' West as indicated in aforesaid legal description, with all
other bearings contained herein relative thereto:
Thence South 00'16' West along said West line, 562.6 feet to a
point on the Northwesterly bank of the said Last Chance Ditch.
Said point being the TRUE POINT OF BEGINNING of said line
description; -
Thence along the Northwesterly and Northerly line of said Last
Chance Ditch by the following three (3) courses and distances
North 49'01' East, 290.5 feet
North 72'03' East, 201.1 feet
South 88°11' East,- 67 feet, more or less to a point on the
East line aforesaid legal description. Said point being the
TERMINUS POINT of said line description.
Said described parcel of land contains 5.9 acres, more or less,
and is subject to any rights -of -way or other easements as granted
or reserved by instruments of record or as now existing on said
described parcel of land.
2573333 B-1631 P-498 10/09/1997 10:18A PG 9 OF 10
972113
DATED:
EXHIBIT A -4
TO: AGREEMENT
PARTIES: MICHAEL S. SLOVEK, GARY SLOVEK AND JOHN P. SLOVEK,
JR., JOAN L. STERN AND PATRICIA FOX, RAINTREE HOMES,
INC. OR RAINTREE, LTD., and the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO
SEP 2 3 1997
Legal Description
A parcel of land being all that part of the Southeast Quarter of
the Southeast Quarter (SE1/4 SE1/4) of Section 35, Township 3
North, Range 68 West of the 6th Principal Meridian, Weld County,
Colorado as described in Bock 832 under Reception Number 1753584
as recorded May 15, 1978 in the records of the Weld County Clerk
and Recorders and being that part of said parcel of land lying
Southeasterly of the centerline of the main channel of the St.
'✓rain River as it existed on December 16, 1987. The centerline of
the mainchannel of said St. Train River being more particularly
described as follows:
BEGINNING at the Northwest Corner (NW Col') of said SE/14 SEl/4 as
mcnumeated-by a.-44._-Isebar.... ri.t4.,ea3.uminum cap,... stamped. n_11a15 and
assuming the West line of said SE1/4 SE1/4 as bearing South
CO°`16' West as indicated in aforesaid legal description with all
other bearings contained herein relative thereto:
Thence South CO°15' West along said West line, 235.9 feet to a
point on the centerline of the main channel of said St. Vrair.
River. Said point being the TRUE POINT OF BEGINNING of said line
description:
Thence along the centerline of the main channel of said St. Vrain
River as it existed on December 16, 1987 by the following three
(3) courses and distances
North 78°25' East, 334.3 feet
North 71.15' East, 312.8 feet
North 54°37' East, 118 feet, more or less, to a point on
the North line of said 'SE1/4 SE1/4. Said point being the
TERMINUS POINT of said line description.
Said parcel of land contains 19 acres, more or less, and is
subject to any rights -of -way or other easements as granted or
reserved by instruments of record or as now existing on said
described parcel of land.
2573333 8-1631 P-498 10/09/1997 10:18A PG 10 OF 10
972113
Incorporated Under the Laws of the
State of Colorado
THE RURAL DITCH COMPANY
Weld County, Colorado
- Weld County Commissioners
THIS CERTIFIES THAT -
Shares 5100.00 each
NO -_A19 -
is the owner of — 1 /4 of Aire— of The Rural Ditch Company, paid up in full, transferable only on the Books
of the Company on the surrender of this Certificate.
This stock is subject to assessment when funds are required by the company for repair and maintenance, or to pay any in-
debtedness of the company, or the interest thereon. The company reserves the right to a lien upon the stock represented
by this certificate for any assessment levied upon said stock. No transfer of this stock can be made on the books of the
company until all assessments and indebtedness due at the time of said transfer are paid in full.
IN WITNESS WHEREOF, the President and Secretary have hereunto subscribed their names and caused its corporate Seal
to be hereto affixed at Longmont, Colorado this 1 tth day of _ August, 201:A9
Grow` Veser""_'_
Secretary President
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
W
RANDY RAY I EXECUTIVE DIRECTOR
RRAY@CCWCD.ORG I CELL: 970.539 5214
3209 W28 STREET I GREELEY, CO 80634 I WWW.CCWCD.ORG
LOCAL:970 330 4540 I METRO:303 825 0474 I FAX:970 330 4546
WALLACE H. GRANT
DANIEL F. BERNARD
RICHARD N. LYONS, II
JEFFREY I. KAHN
H. WILLIAM 50.15, JR.
JOHN W. GADDIS
BRADLEY A. HALL
STEVEN P. JE+FEIS
CAMERON A. GRANT
WENDY S. RUDNIIC
SUZAN D. FRITCHEL
ICARIN RANTA CURRAN
Lee Morrison, Esq.
Assistant County Attorney
Weld County
P.O. Box 1948
Greeley, CO 80632
GRANT, BERNARD
LYONS & GADDIS
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
September 26, 1997
515 XIMBARK STREET
POST OFFICE BOX 978
LONGMONT, CO 80502-0978
303-776-9900
DENVER 571-5506
FAX 413-1003
E-MAIL in k®gblgcom
VIA HAND DELIVERY
Re: Original Agreement between Sloveks, Raintree, Ltd., and Weld County
Dear Mr. Morrison:
Enclosed is the original Agreement which has been signed by everyone except the
County. Please let us know as soon as it is approved by the County. After it is fully
signed, we would appreciate it if you would forward us a copy by mail and facsimile.
Enclosed is a self-addressed, stamped envelope for your convenience in mailing us a
copy.
Regarding recordation, unless we hear otherwise, we will assume you are recording
the original. Also, we would like a copy of the cover page showing the recording
information once that has been completed.
Thank you for your assistance in this matter. If you have any questions, please
contact either Jeff Kahn or me.
/kk
Enclosure
cc:
John Slovek (w/o enclosure)
John Roberts (w/o enclosure)
j j k\s l ovj \morri son -1-7786
Sincerely yours,
GRANT, BERNARD, LYONS & GADDIS,
a Professional Corporation
7
y
Kim L. Ke y, ALS
Legal Assistant to Jeffrey J. Kati
/6�M/% 7
/abrn
972113
WALLACE IL GRANT
DANIEL F. BERNARD
RICHARD N. LYONS, II
JEFFREY I. KAHN
IL WILLIAM SEAS, KC
JOHN W. GADDIS
BRADLEY A HALL
STEVEN P. MITERS
CAMERON A GRANT
WENDY S. RUDNIK
SUZAN D. FRITCHEL
KARIN BANTA CURRAN
Lee Morrison, Esq.
Assistant County Attorney
Weld County
P.O. Box 1948
Greeley, CO 80632
Re: Slovek
Dear Lee:
GRANT, BERNARD
LYONS & GADDIS
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS
September 19, 1997
515 KIMBARK STREET
POST OFFICE BOX 978
LONGMONT, CO 80502-0978
303-776-9900
DENVER 571-5506
FAX 113-1003
E-MAIL hda@gbl8.com
Hit
SEP 2 2 1997 IL
ELD COUNTY
ATTORNEY'S OFFICE
Enclosed is a revised proposed agreement. Rather than redline it, I will enumerate the
changes:
1. The reference to "Sloveks" in ¶1 has been added.
2. The buyer will be Raintree, Ltd., a Colorado corporation.
3. In ¶2, the reception number of the Hokstra property lease has been confirmed.
4. In ¶6, the phrase "their heirs, successors and assigns" has been deleted in two places.
Instead, in ¶12 the last sentence has been added. A typographic error has been corrected
referring to the South Platte River and "its" tributaries (instead of "this"). I have
incorporated your suggestion in at the end of the paragraph, with some addition.
5. The County attorney has been added in ¶7 per your request.
Approval by the Commissioners on September 29 is acceptable. Let me know if anyone else
should attend or whether you want any other changes. I will circulate for signature and get
to you before September 29. Thank you for your cooperation.
Sincerely yours,
GRANT, BE
a )ofess
B
JJK:kk
Enclosure
cc: John Slovek (w/enclosure)
John Roberts (w/enclosure)
ARD, LYONS & GADDIS,
al Corporation
J. Kahn
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STATE OF COLORADO)
SS
COUNTY OF WELD )
CLERK TO THE BOARD
PHONE: (970) 400-4225
FAX: (970) 336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of
Weld, State of Colorado, do hereby certify that the attached copy of Resolution #97-2113, dated
September 29, 1997, is a duplicate of the original Resolution on file in the Weld County Clerk to
the Board's office.
Attached is the original back-up documentation to the above stated resolution, numbering
twelve (12) pages in total.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
at Greeley, Colorado, this 15th day of September, 2017.
dom.)
CLERK TO THE BOARD
BY•
TY CLERK TO THE BOARD
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