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Home My WebLink About992032.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR HOKESTRA GRAVEL PIT WITH VARIOUS PARTIES 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 License Agreement for the Hokestra Gravel Pit among the County of Weld, State of Colorado, by and through the Board of County Commissioners of'Neld County, on behalf of the Public Works Department, Raintree Limited, Inc., and James and Sharon Peters, 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, Colo-ado, that the License Agreement for 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 Public Works Department, Raintree Limited, Inc., and James and Sharon Peters 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 11th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY OLORADO LW ATTEST: Daly K. Hall, Chair Weld County Clerk to th- :o • ^int 18C1 (� �� ,/ ' L4 mot ."1_ :arbar J. Kirkmeye , ro-Tem BY: ✓: ' 9 ,y Deputy Clerk to the �', • �Q;T1� �\ ✓ Geor a E. B a r APPROVWAS TO FORM: _ J. eil unty Attorney A�Atli %�Y' Glenn Vaad 992032 CC , 6G EG0038 FROM : BLG PHONE NO. : 303 772 6105 Aug. 09 1999 03:46PM F2 AUG 1 3 1999 rrI LICENSE AGREEMENT L D COUNTY - F_Y 1. PARTIES. The parties to this agreement are RAINTREE LIMITED, INC., a Colorado corporation (RainTree), JAMES L. PETERS and SHARON PETERS (together, the Peters), and the COUNTY OF WELD (County). RainTree, the Peters and the County shall be collectively referred to as the Parties. 2. RECITALS. The Peters own property on which the County has unfulfilled obligations pursuant to a permit, #CO198811953 (404 Permit) issued by the Corps of Engineers. The Parties have agreed that the County may have access and the ability to fulfill the conditions of the permit subject to the terms and conditions set forth below. NOW, THEREFORE, the Parties agree as follows: 3. WETLANDS MAINTENANCE, RESTORATION AND CREATION. The County shall have the ability to create, restore and maintain wetlands in the areas on the Property an described on the map attached as EXHIBIT A. The County's work shall be completed pursuant to the detailed mitigation plan attached as EXHIBIT A and shall be completed by September 30, 1999 4. INSTALLATION OF RIP RAP. The County shall install rip rap along the south bank of.the St. Vrain River at the specific locations as shown on EXHIBIT A before the other work outlined in EXHIBIT A is commenced. (The area is about 110 feet long from the existing drainage valve to the northeast corner of the Property.) After the installation of the rip rap, the County shall give RainTree and the Peters notice. RainTree and the Peters shall have ten days to accept or reject the rip rap, which acceptance shall not be unreasonably withheld. If the rip rap is rejected, RainTree and/or the Peters shall specify the reasons for the rejection and the County shall promptly correct the deficiencies and give notice of completion. The process of acceptance or rejection shall then be repeated_ 5. ACCESS. The Peters shall grant the County reasonable access to the Property for the purpose of creation, restoration and maintenance of the wetlands and instal- lation of the rip rap. The County shall use the center gate and the existing roadway to the work area. The County shall be responsible for any damage done to the Property as a result of access or work licensed herein. The County shall give the Peters at least 48 hours written notice via facsimile at the number shown below prior to entering the Property. G:CUENt$,R RAINN1Ui:A.DOO 05/09/90 0 10 PM 11111111111111111111111111111 /III 111111 III 11111 /III /III 2716524 08/26/1999 01:42P Weld County CO 1 of 6 R 0.00 D 0.00 JA Sukl Tsukamoto 97aO FROM : BLG PHONE NO. : 303 772 6105 Pus. 09 1999 03:47PM P3 6. EXPIRATION. The County's access to the Property shall end and this License Agreement shall terminate at such time as the Corps of Engineers finally determines that all of the conditions of the 404 Permit have been met and no furthet actions by the County on the Property are required, but in any case, no later than December 31, 2000. If the Corps of Engineers requires the County to maintain the reclamation installations past December 31, 2000, the County may access the Property provided written and verbal notice are given to the Peters regarding the time frame and the scope of the access, and the County receives the Peters" permis- sion for such access. The County agrees to install the rip rap and obtain acceptance pursuant to 114 prior to the Corps of Engineers' acceptance of all of the conditions of the 404 Permit. 7. RESPONSIBILITY FOR RECLAMATION. The County acknowledges that it is solely responsible for satisfying all reclamation and other requirements related to the mining activities on the Property, except to the extent reclamation is required as a result of the Peters' or Raintrees' removal of vegetation or ground cover installed by the County as part of the mitigation plan attached as EXHIBIT A. These respon- sibilities include, but are not limited to, satisfying the requirements in the 404 Permit and all requirements of the Colorado Mined Land Reclamation Board.. All such requirements must be fully satisfied no later than December 31, 2000. 8. TITLE EXCEPTION. The County shall be responsible for fully satisfying and removing the title exception related to its mining leases on the Property. This exception, which is quoted in full below, shall be removed from the Peters' title policy on the Property (Commitment No. UO18494A99) with Security Title Guaranty Company, 3690 W. 10th Street, 2 Floor, Greeley, Colorado 80634. The County shall remove the title exception no later than December 31, 2000. Terms, conditions, provision, agreements and obligations speci- fied under the Mining Leases by and between John P. Slovek, Sr. et al and The Board of County Commissioners of Weld County, Colorado re- corded January 18, 1983 in Book 1183 at Reception No. 2128315 and 2138214. 9. REIMBURSEMENT OF FEES. As partial consideration for execution of this agreement, the County agrees to reimburse RainTree for its legal and planning expenses in entering into this License Agreement. Said fees are $1,600 and shall be paid upon the execution of this agreement. 10. 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 O:CLIENTSWMUMNLLI' .•DOC CeN9/99 3 l PM 2 1111111 11111 111111 111111 111111111111111 III "111 gal 2716524 08/26/1999 01:42P Weld County CO 2 of 6 R 0.00 D 0.00 JR Sukl Tsukamoto FROM : BLG PHONE NO. : 303 772 6105 Aug. 09 1999 03:4-'PM P4 certified or registered mail, postage and fees prepaid, or via facsimile, addressed to the party to whom such notice is intended to be given at the address or facsimile number 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 or sent via facsimile. Rain Tree: County: John Roberts, Vice President Lee Morrison, Assistant County RainTree Homes, Inc. Attorney 11184 Huron Street, Suite 17 County of Weld Northglenn, CO 80234-3344 P.O. Box 1948 Telephone: 303-280-2995 Greeley, CO 80632 Facsimile: 303-280-2996 Telephone: 970-356-4000 Facsimile: 970-3 52-0242 Copy to: Peters: Jeffrey ]. Kahn, Esq. James L. Peters and Sharon Peters Bernard„ Lyons & Gaddis, P.C. 4795 Weld County Road 24 % P.O. Box 978 Longmont, CO 80504 Longmont, CO 80502-0978 Telephone: 303-280-2995 (bus.) Telephone: 303-776-9900 303-466-7939 (home) Facsimile; 303-413-1003 Facsimile: 303-466-7939 11. EXHIBITS. All exhibits referred to in this agreement are, by reference, incorporated in. this agreement for all purposes. 12. 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. 13. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this agreement. 14. COUNTERPARTS. This agreement may be executed in several counterparts and, as so executed, shall constitute one agreement, binding on all the parties even though all the parties have not signed the same counterpart. Any counterpart of this agreement which has attached to it separate signature pages, which altogether contain the signatures of all the parties, shall be deemed a fully executed instrument for all purposes. O.tCl1ENTSWRAINNLLIC.*.DOC of/o,/9E 3 lE PM 3 11111111111111111111111111110111111111111111111 2716524 08/26/1999 01:42P Wald County CO 3 of 6 R 0.00 D 0.00 JR Sukl Tsukemoto FROM : BLG PHONE NO. : 303 772 6105 Aug. 09 1999 03:48PM P5 Dated: 62/0 — RAINTREE LIMITED, INC., a Colorado corporation By �� n Roberts, Vice President COUNTY OF WELD, ATTEST: / 9 I S De ut \ l3 . e :.-r�1 Its Dale K. _Nall , Chair (R/11/99) I m's L. Peters Sharon Peters D 1CLIENT6\RIRAINN0.ID•A.D0C 06I00/99 3.16 PM 4 1111111111111111111111111111 IIII 111111 III IIIII IIII Jill 2716524 08/26/1999 01:42P Wield County CO 4 of 6 R 0.00 D 0.00 JA Suki Tsukamoto FROM : BLG PHONE NO. : 303 772 6105 Aug. 09 1999 03:4BPM F6 TRACI D. STATE OF COLORADO ) ' rn B0SK0 Op. . ) is. Ill.�j'.......,... Q\': COUNTY OF Ci& ) ‘,‘eOF Ceo= The foregoing instrument was subscribed and tlyessoCEWpre me this P5 day of 0,oak i - _, 1999, by John Roberts, as Vice President for RainTree Limited, Inc Witness my hand and official seal. My commission expires. Notary P_;:......\. STATE OF COLORADO ) -ktiV!.P••••.,../..O1B. 1 /��1 _` __ ) ss. 4.:�' 111 COUNTY OF Clod ) * 1 TRACI D. '; `` -+-\ e foregoing instrument was subscribed a 4 �jvor�Qa� fos•� ' this bC! day of A-- , 1999, by X11 '' . . `Q; and ) _— as 1‘ \ OF C V crr County of Weld. Witness my hand and official seal. My Comm.Expires I'" .41 My commission expires: —1 $1O I -_L1ca_a .RIThcthC5-- Notary Public STATE OF COLORADO ) ='' y p\\\\\ /� ) 55. to.:tp........ �el,�11 COUNTY OF l �f1'iS ) h (Attie foregoi, instrument was subscribed ands•�Irrto 6 melt : i __, day of LLC IJ -_, 1999, by James L. Peters and ! .n eters. ."Cf Witness my hand and official seal. \ l lO' MyCo m fires 1O1 My commission expires: Notary Public DACLIENTS\RIRAINHLLIC-A.DOC 0Lo9.99 3 Is PM 5 1 11111 1111 111111 11111 1111 IIII 111111 III 11111 liii IIII 2716524 08/26/1999 01:42P Weld County CO 5 of 6 R 0.00 D 0.00 JA Sul(' Tsukamoto o}oms)nsj IMnS Idf 00'0 0 00'0 a 9 do 9 00 A}unop PT M at:TO 6661/9E/90 bZ99TLZ IIII IIII 11111 III 1111111//1 EMIR IIIR 111111EMIR _ —' - 1181HX3 • — I _ I I ,.. �_�-- MC'r vs as • eon lies Will Sint*, Mow n sr am stQldtedia ISOM]ritW ALIY103 Q'1iA ._• ^.. .....'--------.. --------- 1I j ;jiy pGi r•E3 �IipI_ oc Li 1 a "i CC s- re as ail z u1 112 c J! 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