HomeMy WebLinkAboutC88-031 Pitkin County re: 165 mining claims101
AGREEMENT
THIS AGREEMENT, made as of the day of March,
19_aa, by and between the County of Pitkin, Colorado, a Colorado
home -rule county, (hereinafter called PITKIN COUNTY), the County
of Eagle, Colorado, a Colorado statutory county, (hereinafter
called EAGLE COUNTY), and American Title of Eagle County,Inc., a
Colorado corporation (hereinafter called the CONTRACTOR).
WITNESSETH, that whereas Pitkin County and Eagle County
( "Counties ") intend to accomplish title service with respect to
165 mining claims identified Attachments A and B hereto, herein-
after called the PROJECT, in accordance with the terms and condi-
tions outlined in this Agreement.
NOW, THEREFORE, the Counties and the Contractor, for the
considerations hereinafter set forth, agree as follows:
1. THE CONTRACTOR AGREES to furnish all the necessary
labor, materials, equipment, tools and professional services,
other than public records, and the recording equipment available
for Contractor's use in the Pitkin County Clerk and Recorder's
Office, necessary to complete in a professional manner all tasks
required for the completion of the Project, in strict compliance
with the contract.
a. CONTRACT TIME AND LIQUIDATED DAMAGES. Work
under this Agreement shall be commenced by April 1, 1988, and
shall be- completed by July 1, 1988. Contractor hereby agrees to
pay Pitkin and Eagle Counties Liquidated Damages in the amount of
$100.00 per calendar day for each day or part of a day the Project
is not completed by the completion date here established. This
deadline may be extended upon agreement between the Contractor
and the Pitkin County Attorney where unusual problems arise with
respect to particular mining claims, and the consent of the
Pitkin County Attorney shall not be unreasonably withheld. The
deadline shall also be extended by one day for each day that the
Contractor is not provided adequate access to County records,
provided that notice to the Pitkin County Attorney is given on
any such day.
b. SUB - CONTRACTORS. The Contractor agrees to bind
every sub - contractor by the terms of this Contract. The Contract
shall not be construed as creating any contractual relationship
between the sub - contractor and the Counties.
2. EAGLE AND PITKIN COUNTIES AGREE to pay, and the
Contractor agrees to accept, in full payment for the performance
of this Contract, the Contract amount of Fifty Two Thousand and
Seventy Five Dollars ($ 52,075.00), subject to increase or de-
crease in accordance with the provisions of this Contract as
follows:
a. Eagle County shall pay up to $40,000.00 for
title reports, title commitments, and title insurance on the
property described in Attachments A and B.
b. Pitkin County shall pay up to $10,000.00 for
title reports, title commitments, and title insurance on the
property described in Attachments A and B.
C. The Contractor shall receive $25,000.00 upon
approval of this contract by the parties.
d. The Contractor shall receive $25,000.00 upon
completion of all the work described herein except the issuance
of a title insurance policy.
e. The Contractor shall receive $2,075.00 upon
issuance of a simple title insurance policy for the property
described in Attachments A and B.
f. Eagle County shall pay up to $10,000.00 in
necessary additional costs, subject to prior written approval of
the Counties before such expenses are incurred.
3. PROJECT DESCRIPTION. The Contractor will perform
various title services with respect to the 165 mining claims
identified in Attachments A and B as follows:
a. Contractor will, on or before July 1, 1988,
examine or cause to be examined the title to the mining claims,
all for the purposes of (a) establishing (i) the record title
owner or owners of the mining claims, and (ii) the outstanding
record interests, burdens, liens, encumbrances and defects therein
or thereto, and (b) upon completion of the examination process,
bringing the various record and insurable interests of Pitkin
and /or Eagle County, Colorado in and to those mining claims that
are patented by the United States of America under title
insurance coverage with an underwriter as hereinafter provided.
b. The examination process shall include the
identification and evaluation of those documents recorded in the
91
offices of the Clerk and Recorder for Pitkin and Eagle Counties,
Colorado, and affecting title to the mining claims. It shall
also include, where deemed appropriate or necessary by Contractor,
an identification and evaluation of other County records and
relevant documents filed with or indexed in the records of the
office of the Bureau of Land Management in Denver, Colorado.
C. Contractor shall reduce its determinations of
record title ownership and outstanding record interest, burdens,
liens, encumbrances or defects with respect to the mining claims
to an Examiner's Report and Abstract of Title. On or before the
tenth day of each month during the term of this Agreement, Con-
tractor shall deliver to The Pitkin County Attorney, copies of
Examiner's Reports and Abstracts of Title covering those mining
claims as to which Contractor has completed the title search and
examination process during the preceding month.
d. The Counties recognize that (a) Contractor will
devote considerable efforts in the examination of the record
title to the mining claims and in the preparation of the Ex-
aminer's Reports and Abstracts of Title; (b) as a result of this
work product, Contractor shall have a proprietary interest in the
Examiner's Reports and Abstracts of Title; and (c) until such
times as (i) Contractor completes and delivers Examiner's Reports
and Abstracts of Title for all the mining claims, and (ii) the
title insurance commitment and /or the "ALTA Owner's Policy"
contemplated by paragraph e. below have been issued, the Counties
shall not release the Examiner's Report or Abstracts of Title to
4
any other person or entity, other than the Pitkin County Attorney,
without the prior written consent of Contractor.
e. Upon completion of Examiner's Reports and
Abstracts of Title for all of the mining claims, but no later
than July 1, 1988, Contractor shall issue or cause to be issued a
title insurance commitment on forms currently on file with the
Department of Insurance for the State of Colorado. The title
insurance commitment shall cover the various record and insurable
interests of Pitkin and Eagle Counties in and to those mining
claims that have been patented by the United States of America,
and shall contemplate the issuance of an "ALTA Owner's Policy -
Form B - 1970" if Pitkin and Eagle Counties are to be the Insured,
or an "ALTA U.S. Policy Form - 1963" if the United States of
America or a political subdivision thereof is to be the Insured.
Such title commitment and policy shall be issued by an underwriter
mutually acceptable to Contractor and Pitkin and Eagle Counties,
and shall include exceptions (other than the standard printed
exceptions) under Schedule B only for those liens, encumbrances,
easements, restrictions, reservations and other adverse matters
that are disclosed by the examination of the titles to the mining
claims. The face amount of insurance of such "ALTA Owner's
Policy" shall be $1,000,000.00.
f. Contractor shall, when deemed appropriate or
necessary by Contractor, all in accordance with the customs and
practices of prudent title insurance companies and agents in the
State of Colorado, and all in furtherance of its examination of
5
r j
the title to the mining claims, identify and evaluate relevant
records in the various offices of Pitkin and Eagle Counties,
Colorado, including but not limited to the office of the County
Assessor and the County Treasurer, and in the office of the
Secretary of State for Colorado.
g. The Counties shall permit Contractor to access
the records in its various offices during normal business hours,
upon reasonable notice, and whenever such access is reasonably
related to the work to be performed by Contractor pursuant to the
terms of this Agreement. In addition, and at no cost and expense
to Contractor, Pitkin shall cause the Treasurer of Pitkin County,
Colorado to issue "certificates of taxes due" in connection with
each of the 155 mining claims located in Pitkin County and iden-
tify in Attachment B. Pitkin County shall also provide copies of
the tax rolls when and if requested by Contractor, at the expense
of Pitkin County. Contractor shall, however, at its cost and
expense, cause the Treasurer of Eagle County, Colorado to issue
"certificates of taxes due" in connection with each of the five
mining claims located in Eagle County.
h. Upon issuance of the title insurance commitment
contemplated by paragraph e. above, but prior to the issuance of
the "ALTA Owner's Policy ", Contractor shall reasonably cooperate
with Pitkin County in the identification of title defects, cura-
tive requirements and the scope of coverage to be afforded by the
"ALTA Owner's Policy ". Such cooperation shall be in accordance
with the customs and practices of prudent title insurance com-
0
panies and agents in Colorado, and shall include the coordination
of title insurance coverage with an underwriter mutually accep-
table Contractor and Pitkin County.
i. Pitkin and Eagle Counties further acknowledge,
understand and agree that (i) pursuant to 1973 C.R.S. 10 -11 -101,
et seq., as amended, and the rules and regulations adopted by the
Department of Insurance for the State of Colorado pursuant there-
to, policies and contracts of title insurance may only be written
by a "title insurance company "; (ii) Contractor is a duly licensed
"title insurance agent ", and not a "title insurance company ", and
must extend coverage on forms of title insurance commitments and
policies filed by its underwriters with the Department of
Insurance for the State of Colorado; (iii) by issuance of such
Examiner's Reports and Abstracts of Title, Contractor does not,
and shall not extend any form of title insurance policy or con-
tract of title insurance to Pitkin and Eagle Counties, and does
not assume any liability whatsoever for the accuracy or complete-
ness of such Examiner's Reports and Abstracts of Title, which
liability is expressly denied; (iv) Contractor has made no repre-
sentations or warranties of any kind whatsoever as to the in-
surability of the mining claims and /or Pitkin or Eagle Counties'
title to its various interests therein, and (v) title insurance
coverage shall only be extended by the title insurance commitment
and policy contemplated by paragraph e. above. For the purposes
of this paragraph, "title insurance company" and "title insurance
agent" shall be as defined in 1973 C.R.S. 10 -11 -101, et seq., as
i
amended.
j. Contractor shall not be held liable for any
error in the work performed due to documents being illegible,
misfiled, or mis- posted.
k. If Contractor encounters separate chains of
title for claims with the same mineral survey numbers, such that
title to claims in excess of the 165 mining claims designated on
Attachment A and B must be researched, he shall be entitled to an
extension of 3 days per any such claim and $320.00 per additional
abstract.
1. If Contractor is called as an expert witness in
litigation relating to the claims within the scope of this
project, he shall appear 5 times (separate days) at no additional
cost to the Counties. Beyond these five appearances, Contractor
shall be entitled to $150.00 per court appearance.
4. INDEPENDENT CONTRACTOR. The relationship of the
Contractor and the Counties is that of independent contractor,
and nothing in this Agreement or in the relationship of the
parties shall be construed to make the Contractor or any of its
officers, directors, shareholders, or employees an agent or
employee of either Pitkin or Eagle Counties.
5. AUTHORITY AND RESPONSIBILITY OF THE PITKIN COUNTY
ATTORNEY. All work shall be done under the general supervision
and direction of the Pitkin County Attorney. The Pitkin County
Attorney shall decide any and all questions which may arise as to
the quality and acceptability of work performed, rate of progress
N
of the work, interpretation of the Agreement, change orders
(within the limits of his authority) and all other questions as
to the compliance with the Contract on the part of the Contractor.
6. SUCCESSORS AND ASSIGNS. This Agreement and all of
the covenants hereof shall inure to the benefit of and be binding
upon the Counties and the Contractor respectively and their
agents, representatives, employees, successors, assigns and legal
representatives. Neither the Counties nor the Contractor shall
have the right to assign, transfer or sublet his interest or
obligations hereunder without the written consent of the other
party.
7. THIRD PARTIES. This Agreement does not and shall
not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom Contractor or the
Counties may assign this Agreement in accordance with the specific
written permission, any rights to claim damages or to bring any
suit, action or other proceeding against either the Counties or
Contractor because of any breach hereof or because of any of the
terms, covenants, agreements or conditions herein contained.
8. WAIVER. No waiver of default by any party of any
of the terms, covenants or conditions hereof to be performed,
kept and observed by the other party shall be construed, or
operate as, a waiver of any subsequent default of any of the
terms, covenants or conditions herein contained, to be performed,
kept and observed by the other party.
9. AGREEMENT MADE IN COLORADO. The parties agree that
E
this Agreement was made in accordance with the laws of the State
of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
10. ATTORNEY'S FEES. In the event that legal action is
necessary to enforce any of the provisions of this Agreement, the
prevailing party shall be entitled to its costs and reasonable
attorney's fees.
11. WAIVER OF PRESUMPTION. This Agreement was negoti-
ated and reviewed through the mutual efforts of the parties
hereto and the parties agree that no construction shall be made
or presumption shall arise for or against either party based on
any alleged unequal status of the parties in the negotiation,
review or drafting of this Agreement.
12. AUTHORIZED REPRESENTATIVE. The undersigned repre-
sentative of Contractor, as an inducement to the Counties to
execute this Agreement, represents that he /she is an authorized
representative of Contractor for the purposes of executing this
Agreement and that he /she has full and complete authority to
enter into this Agreement for the terms and conditions specified
herein.
10
IN WITNESS WHEREOF, the parties have made and executed
this Agreement, the day and year first above written.
COUNTY OF PITKIN, COLORADO
By:
r
By: 1� ✓y
Michael D. Dolan
L-- President- American Title of Eagle County, Inc
TITLE TITLE
506 Fact Main treet
BUSINESS ADDRESS
Aspen Colorado 81611
CITY STATE ZIP
ATTEST:
Pit n County C1
OF EAGLE, COLORADO
TITLE
P_n_ Rom Rsn, 550 Broadway
BUSINESS ADDRESS
Eagle, Colorado 81631
CITY STATE ZIP
11
P.O. Box 1330
BUSINESS ADDRESS
Eagle CO 81631
CITY STATE ..Zip
,7
d
ATTEST:
Corpor e Secretary
Vice President
TEST:
'XI
agle County'-Clerk
STATE OF COLORADO)
EAGLE ) s s .
COUNTY OF PMTM )
C_.
The foregoing was acknowledged before me this 29th
day of MARCH , 19 88, by MICHAEL D. DOLAN
whose title is PRESIDENT of American Title of
Eagle County, Inc. , Contractor.
ts3.71
Witness my hand and official seal.
ary Public
PO BOX 306, Eagle, Co 81631
Address
My Commission expires: 12 -23 -89
12
AREA
a
20.660 a
7.651 a
5.425 a
5.425 a
ATTACHMENT A
MINING
CLAIMS OWNED BY EAGLE COUNTY
MINE CLAIM
LOITION
Manitou
Sec 32 & 33,
T6S, R30W
Continental &
Colorado
Sec 21, T7S,
R78W
Rosa Pyatt
Sec 14, T6S,
R81 W
Iron Dale #1
Sec 31, T6S,
R80W
Iron Dale #2
Sec 31, T613,
R80W
AREA
a
20.660 a
7.651 a
5.425 a
5.425 a
Attachment B
• LIST O: PATMITM M-N. Z CLAI IS G;'SIID BY PITYIN CCUMY
Approxima to
Size
(Acres)
4.89
10.33
8.26 ••
21.666
10.331
8.38
6.27
9.927
9.52
6.311
3.349
10.33
6.773
9.43
9.54
10.33
10.33
10.33
10.33
8.74
6.795
21.248
4.52
8.543
10.296
7.34
24.568
8.381
2.52
9.327
5.00
4.63
6.11
6.475
10.06 -
8.982
10.33 • ;.
16.15 =_!-
9.30 ;
Mineral
Location
tT�r' of FLi.nin4 Clain
Survey No.
Minim District
S.-TA. -R
1.
A.J.P. *
5056
Columbia
28 -115 -858.1
2.
Alaska
3297
highland
6-11S -84;1
3.
Alice
4158
Waxing Fork
25 -1OS -85.1
4.
Alpine *
5389
Columbia
2 -12S -8517
Silver Islet *
5389
Columbia
2 -12S -8511
Silver Slave *
5389
Columbia
2 -125 -8519
5.
Annie Hayford
6043 -
highland
G-11S -841.1
6.
Apex +
2046
Columbia
25- 11S -85 ;I
7.
Eelcher
3039
Castle Creek
24- 1OS -85;•l
S.
Bell A2
8587
Columbia
18 -11S -8.111
9.
Bisrerk+
2901
Columbia
12 -12S -851'1
10.
B.J.
5429
Roaring Fork
25 -1OS -859
11.
Black Bess
6294
Roaring Fork
24 --1OS -851.1
12.
Black Eagle+
7696
Columbia
10 -12S -85;•1
13.
Black Queen
5733
Rock Creek
32 -115 -8719
14.
Eon Ton+
2749
Columbia
2 -125 -8514
15.
Eonta €3 +
2716
Columbia
1 -12S -851.1
16.
Boviling Green+
7285
ColumbLa
23 -115 -8511
Florence +
7285
Columbia
23 -115 -8 519
Kentucky, +
7285
Columbia
23 -11S -859.1
17.
Brd-cer+
12911
-Difficult
36 -115 -841.1
18.
Brittle Silver
3227
Waring Fork
24-10S-8-91-
19.
Buckeye +
2825
Columbia.
I1 -12S -8519
20.
Bunkum squint nt
9795
tk xxiy
15 -9S -841.1
Rocker-
9795
Vk)cdy
15 -9S -8414
Zulu
9795
Shy
15 -9S -841.1
21.
Caesar
1762
Roaring Fork
24 --10S -8541
22.
Captain Phillips +
5097
Columbia
14 -12S -8591
23.
Case*
3811
Independence
6-11S -8219
24.
Castle Queen +
2799
Columbia
14 -12S -8519
25.
Catalpa +
6184
Columbia
14 -125 -851.1
Oliver Crar,4ell
'
Cerny +
61.84
Columbia
14 -125 -859
Mary Maria +
6184
Columbia
14 -12S -854
26.
Centennial =2
5428
Roaring Fork
25 -1OS -851.1
27.
Centre +
2899
ColLnnbia
12 -12S -851.1
28.
Chicago Tires
6089
Roaring Fork
25 -1OS -85.1
29.
Cleveland
4212
Righland
7 -115 -84;•1
30.
Cliff +
2823
Columbia
11 -12S -851;1
31.
Colorado*
4121
Colmbia
28 -11S -051!1
32.
Colorado Central
1817
Roaring Fork
24-10S -8-51.1
33.
Cop,--er King
3568
Roaring Fork
19 -l0S -8411
34.
Creedmore +
2904
Columbia
12 -12S -851.1
35.
Cresilda L.+
3857
Columbia
11 -12S -859
36.
Damascus
6812
Foaring Fork
13-1OS -851.1
Illinois
6812
Roaring FQ k -
13-10S-8-9) -7
37.
Dimond
4156
Ioaring Fork
25- 1OS -85 ;9
* In
Wilderness Area
••
+ In
RAPE II Area
. `�
-.�.N •..... -... ._e.1.` Wit_ T4�� ..t-___
ice. _... -. �....
. . .. _ _ . _ S.ww .. _._
� __
Size
(Acres)
4.89
10.33
8.26 ••
21.666
10.331
8.38
6.27
9.927
9.52
6.311
3.349
10.33
6.773
9.43
9.54
10.33
10.33
10.33
10.33
8.74
6.795
21.248
4.52
8.543
10.296
7.34
24.568
8.381
2.52
9.327
5.00
4.63
6.11
6.475
10.06 -
8.982
10.33 • ;.
16.15 =_!-
9.30 ;
-lame of tiinir a Claim
39- Dives +
Franklin
irocpes
Loco
Wa.rdeI I
X9. Dixie
40. 'Dreadnaught +
41. Dubin *
42- Duplicate
43. Ella
44. Ellis +
45. Es,- aralda
46. Eureka +
47- Evening Star
48. Etitenuate
49. Flora
50- Forsee
51. Franklin
52. Cz*::-.ru a*
53- C -ertrud�- S.
54- Glen -•lick
55. Cold P.eef*
56 Crand prize
57. Grand Union*
58- GrZY Cax:bonate
59. Great Lccectatiors
00. Grey Eaqle +
�1. Y.elena*
062. highland Chief,
63. Hillside
Shoof ly
Grey Hound
54. H.R. 7cl nscn
,55.L-Ferial*
,)6- . Iowa
57. Iron King
.52. J.C. Fre--,an
59. J -P. Lesher
70. Kansas +
!1. Kitty Ec:v'en
%2- Lat 5908
73. Leona* - -
I4. Lincoln
15. Little Alma
'G. Little Baltir-cre +
•'7• Little Cedar
'3- Little Giant *
!9. Little Grace *
Terra*
;0- Little Jessie*
In Wilderness Area
In RARE II Area
C -
tlineral
S iaev L170-
6112
6112
6112
6112
6112
1986
4830
3847
5430
5809
4152
7385
3507
3012
4104
4157
6569
9760
3314
2409
4274
4363
2366
4123
4154
7680
12910
3350
6662
9757
9757
9757
3024
3765
433G
4410
7750
3090
2903
4114
Roaring Fork
6641
5794
6248
4480
5431
5642
5554
5554
4122
-tinting Dis �'ct
Spring Eutte
Spring Butte
Spring Butte
Spring But.te
Suring Butte
Highland
Columbia
Columbia
Roaring Fort:
Highland
Columbia
Columbia
Columbia
Roaring Fork
Columbia
Roaring Fork
Elk tourrta * .. -
Woody
Independence
Roaring For}:
Roaring Fork
Indepen zn�
Roaring Fork-
Columbia
Roaring Fork
-Columbia
Difficult
Columbia
Highland
Woody
Woody
ZTooay
Roaring Fork
Columbia
Roaring Fork
Elk tit.
i:'oody
Castle Creek
Columbia
Columbia
19 -10S -84;•1
Colunbi.a
Roaring Fork
Highland
Columbia
Roaring For};
Columbia
Columbia
Columbia
Columbia
Attachment B - pg.
Acorox-L-u to
Location
Size
S.-T.-P.
_(Acres)
21-9S-86r.1
21 -9S -8 u •1
21 -95 -8 a-1
51-603
- 21- 95 -8a-1
21 -9S -8 85.1
24 -10S -8-1-1•1
9.16
14- 12S -85 -•1
10.331
35- 115 -85-•1
6.40
24- 10S -85;;
3.752
25-10s-8 St-1
5.50
21 -11S -8 �a
7.99
10- 12S -85i-I
5.165
I1- -12S -8 al
8.86
24-10S -85;•1
10.33
8 -12S -8541
10.33
25 -1 OS -85.1
7.74
17- 12S -85b1
10.33
22 -9S -84;1
7.576
7 -11S -82;•1
10.33
2� --10S -85.1
7.79
25 -10S -85;•1
9.23
1- 11S -Baw
10.33
24 -IOS -8 a,l
5.85
28 -11S -85.1
7.53
25 -10 S -85.1
10.33
27 -I1S -8 5.1
10.331
35 -11S -84;•1
10.331
20-11S-8S-7
6.18
6-11S -84W
8.353
22- 9S -84P1
29.000
22 -9S -84-•1
22 -9S -8441
25 -I0S -8 -1-1'1
10.24
21 -11S -8 51
10.33
24 -10S -8 51
7.495
17 -12S -8 a-I
10.33
15 -9S -84;1
8.433
24-10S -85-'1
6.05
1 -12S -8 51
10.30
8-.125 -85.1
10.33
8.27
27 -11S -8 51
10.115
24-10S-85W
3.26
31 -10S -84;•1
3.05.
11 -12S -85;1 -
8.493
24-I0S -85.1
3.769
8 -12S -8541
10.257
IG -12S -85.1
11.851 .
16 -12S -85.1
23 -11S -851
10.19
* In Wilderness Area
+ In PARE II Area
Attachment B - Pg. 3
Approximate
of *-TinLng Clair.
Mineral
survev No.
W-ning District
Location
S.-T.-R.
size
(Acres)
81- Little : !Lr-aie +
82. L-_uis S.
5098
Columbia
14-12S-85•
7.745
83. Lau-�, --_-
4320
2339
Poaring Fork
24-10S-851-1
3.091
84.
Luc.,.7y Queen*
8455
Roaring Fork-
25-los-8-9-7
4.40
85.
. 21--'-ggie
5749
Roaring Fork
Highland
4-10S-84;•1
6-11S-84W
2.407
86.
tfp--icn*
4082
8.706
87.
?-.crardj
18290
Columbia
21-11S-8-1p
3.83
sa.
bbr-O
5845
Rock Creak
28-lis-8-ii.1
9.874
89.
goring Call +
7433
Roaring Fork
24-1os-851,1
6goring
Queen +
7438
Difficult -
35-11S-8 4W
Princess +
7438
Difficult
Difficult
35-11S-84;•
peveil2e +
7438
Difficult
35-11S-84;1
40.085
90.
91.
Mora st--
Quail +
30 11
Boaring Fork
35-11S-84;4
24-10s-85�1
9.681
92.
J-,cutt Simi
2898
12806
Columbia
12-12S-8a•I
6.13
93.
NeW York --."2
2599
Poaring Fork
19-10S-84rvl
9.927
9-4-
Cakland 7=-2
1818
Roaring Fork
25-10S-859.7
6.G1
95.
OcL"Z:nr-- *
-- "
5555
L,
Cas"le Cree;c
24-10S-8-9.1
9.76
96.
01,; Sol i t ary
12808
Columbia
17-12S-8SW
7.50
97.
C--,'-Iix
4195
Pock Creek
34-11S-8-11-1
4.073
98.
C;-e---:-rcd-, +
2869
Roaring Fork
25-10S-8S.1
10.33
99.
Pan Hap.dle +
2900
Columbia
1-12S-8cr-7
7.40
100.
Pays tore
5333
Columbia
� 12-12S-8' -I, T ..
9.52
Su r i
5338
Roaring Fork
25-10S-85,-.•7
10-1.
pea-,'
2945
Roaring Fork
25-1os-8,-:T,•l
11.968
102.
Pate Carroll
2116
Columbia
24-12S-85;-.,.
10.33
103.
Pjca�j=
.e
5743
Ilighland
6-11S-84;-1
10.33
104.
Pine Grcve
2340
Highland
Roaring For!,.
6-115 -84;•1
24-I0S-8a.7
4.432
10.32
105.
106.
P.--4--4-- Of the li�es t*
Puzzler +
2783
Columbia
20-11S-8 S-7
10.33
107.
Qua:-cez
7619
2669
Columbia
22-11S-85ri7
10.331
103.
QLeto *
3272
Columbia
35-11S-8-S-7
10.193
109.
Pains tonn +
2798
Columbia
35-11S-8S•7
7.77
110'
Pa�rer-Ue Tunuriel
18781
Columbia
Roaring Fork
14-12S-8-9.7
25-10S-8-S.7
7.57
Ill.
112.
Savage +
S=am--ity
4473
Columbia
14-12S-8-c;,l
10.331
10.331
113.
Ser�--Lriel +
11466
2819
Roaring Fork
24-10S-8,151-7
6.736
114.
Siheria
3296
Columbia
11-12S-85y1
4.986
115-
Silver Chief*
2784
Highland
7-11S-84vi
10.33
116.
Sil-,..-er Glazrice*
3764
Columbia
Columbia
28-11S-85'v7
10.08
117.
Silver L-eacue
9922
V.body
21-11S-8-94.
9.87
Silver Sccon
9922
Woody
15-9S-84;.9
27.563
Silver Thread
9922
Wcody
15-9S-841,-7
113.
Silver Tir)
6066
Highland
15-9S-847
119.
Src,.,-'lake
3331
Roaring Fork,
25-IOS-857
25-10S-85W
10.331
120.
121•
Scar
S par *
3016
3766
ColLrabia
16-12S-84;-7
5.90
10.25
Columbia
21-11S-8-9.7
4.51
* In Wilderness Area
+ In PARE II Area
Attachment B
- Pa e4
EXHIBIT A
(continued}
11FE:ro:-- r.ato
Mineral
Location
Size
N-,7n
cif minim Clain
Sur<.7ey r'o.
Minircr District
S. -T. -R.
(Acres)
122_
St_ Eli= *
4103
Columbia
17 -12S -85;9
10.33
123.
Star of the Nest
15959
Woody
27 -9S -84:•1
1.172
124..
Sterling *
2826
Columbia
10- 12S -85i•]
7.19
125.
St. Louis
3973
roaring Fork
24 -10S -851.1
10.33
126.
Storm icing
9232
highland
12= 11S -8 -C •l
7.157
127.
Terrible
2752
Roaring Fork
25- 10S -85v1
7.31
129.
Tibbetts +
2797
ColLunbia
14 -12S -85;9
10.33
129.
Tip Tcp +
7274
Columbia
14- 12S -85W
9.932
130.
Tip Tcp
7220
goody
22- 9S -84j1
19.488
' Magic
7220
1�,00dy
22- 9S -84W
131.
Traveler +
2902
Columbia
12 -12S -30 5;
ADDENDUM TO AGREEMENT
OF MARCH 31, 1988
THIS ADDENDUM, made as of the ;Z?""' day of -Pe t-
1988 by and between the County of Pitkin, Colorado, a home -rule
County, the County of Eagle, Colorado, a Colorado statutory
County, and American Title of Eagle County, Inc., a Colorado
corporation, modifies and amends the Agreement between the same
parties.dated March 31, 1988.
The parties, for the considerations set forth in the
Agreement and in furtherance thereof, hereby modify and amend the
Agreement as follows:
188- 148 -04
1. Amend page 1, paragraph 1(a), line 3, by deleting
"July 1, :1988", and inserting in its place "January 31, 1989 ".
2. Amend page 2, paragraph 1(a), line 3, by inserting
before the word "agreement" the word "written ".
3. Amend page 3, paragraph 2(d), by deleting the
provision in its entirety and inserting the following: "The
Contractor shall receive $15,000.00 upon execution of this
amendment, and $10,000.00 upon delivery of the work described in
paragraph (3) (a) as amended and the title commitment described in
paragraph (3)(e), as amended."
4. Amend page 3, paragraph 3 (a) , line 1, by deleting
"July 1, 198811, and inserting in its place "January 31, 1989 ".
5. Amend page 3, paragraph 3(a), line 6, by inserting
after the word "thereto" the following: "(iii) and identifying
the specific title defects with respect to each separate mining
claim, including an identification of specific adverse parties
0
whose interest render title uninsurable."
6. Amend page 5, paragraph 3(e), line 3, by deleting "July 1, 1988"
and inserting in its place "January 31, 1988." -
7. Amend page 5, paragraph 3(e), line 20, by adding the following:
"Title Commitment No. 01- 651206 shall be amneded and reissued to Pitkin County
with the following amendments:
a. Requirements (f), (g), (h), and (i), and the two NOTES shall be
deleted from Schedule B— Section I, and only requirements (a), (b),
(c), (d), and (e), shall remain on the Title Commitment. Only one
other requirement, (f), shall be permissible. Requirement (f) shall
call for a deed from Pitkin and Eagle County (where applicable) to
their United States Government designee.
b. Schedule B— Section II shall be amended by the addition of only
the following two exceptions:
11(9) The effect of any claims, demands, or causes of action by the
following persons or entities, where such persons or entities have an
interest of record as shown on Exhibit A attached hereto (Exhibit A
to be completed by American Title of Eagle County, Inc., shall include
those parties or entities which have acquired a record interest to the
specific claims which they are asserting their interest.)"
"(10) Any loss or damage by reason of any defective Treasurer's Deeds
issued to Pitkin or Eagle County, Colorado, its official or employees,
to comply with the statutes, laws or other enactments in force at the
date of the issuance of the Treasurer's Deeds, as now cited under the
provisions of C.R.S. s 39 -11 -101, et. seq. Exhibit B hereto identifies
the property and the specific statutory requirements under C.R.S. s
39 -11 -101, et. seq.,'which this exception applies."
n r 8 • 1( '')kin County and Eagle Co ()y hereby waive any
claim against Contractor for liquidated damages pursuant to
paragraph 1(a) of the Agreement applicable prior to January 31,
1989.
Except as specified herein, the terms of the Agreement dated
March 31, 1988, remain in full force and effect.
IN WITNESS WHEREOF, the parties have made and executed
this Agreement, the day and year first above written.
•• � i! • r • •. • �•
i - ./ jql
TITLE
P= 0_ Rnmc 850-
BUSINESS ADDRESS
Michael D. Dolan
V
ri
Pres. - American Title of Eactle Ctv
TITLE
P.O. Box 1330
BUSINESS ADDRESS
Eagle, Colorado* 81631 ' ' ' 1
CITY STATE ZIP
ATTEPTs
Corporate Secretary
Vice President
COUNTY OF PITKIN, COLORADO
C
By: /
; Z� /'"
chairmani Board o Count. Commissioners
TITLE
505 Rost Main Street
BUSINESS ADDRESS
=Ashen Colorado 81611
CITY STATE ZIP
