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Home My WebLink AboutC06-096 LaFarge West, Inc. Fifth Amendment FIFfH AMENDMENT TO SAND AND GRAVEL MINING LEASE This Fifth Amendment to Sand and Gravel Mini)lg Lease (sometimes herein "Fifth Amendment") is entered into this 2Lday of,_j}'1 ((,jf, ~0.1 _, 2006, effective as of!he same date, by and between Eagle County, Colorado, a body corporate and politic ("Lessor"), through its Board of County Commissioners, and LaFarge West, Ine., a corporation ("Lessee"). RECITALS A. The history of this lease is the following: (1) Lease from Loren G. Chambers 10 Flatiron Paving Company, dated December 29, 1980; (2) Assignment and Assumption of Leasehold between Flatiron Paving Company (as assignor), Mobile Premix Company (predecessor of Lessee, as assignee), and Loren G, Chambers (as owner), dated November 30, 1984; 13) MDdifieation to Sand and Gravel Mining Lease between Loren G. Chambers (as Lessor) and Mobile Premix Company (predecessor of Lessee, as Lessee),datedDeeember8, 1986,and recorded in the official records of the Clerk & Recorder at Book 454 Page 514; .(4) Assignment of Lease between Eagle County (as assignee), Mohile Premix Company (predecessor of Lessee, as Lessee) and Loren G. Chambers (as assignor), dated December 8,1986, and recorded in the official records of the Clerk & Recorder of Eagle County at Book 456 Page 596; 15) Second Amendment to Sand and Gravel Lease, entered into July 21, 1997, wilh Western Mobile Pre~Mix Company (predecessor of Lessee, as Lessee) effective April I, 1997; (6) Third Amendment of Sand and Gravel Lease, entered into October 2, 1998 between Lessor and Western Mobile Northern, Inc. (hereafter, "Third Amendment"). (7) Fourth Amendment of Sand and Grave] lease, entered into March 20, 2001 between Lessor and Westem Mobile Northern, Inc., a wholly owned subsidiary of LaFarge West, Inc. (hereafter, "Fourth Amendment"). The foregoing is referred to, together, as the "Existing Lease." R Areas described herein and in thc Existing Lease on which Lessor is permitting mining and processing are permitted for those aClivities by the Colorado Mined Land Reclamation Board. 1 C. fn the previous amendments,lhe Parties expanded the area of the L easef(lrthe purpose of expanding the gravd reSOllfce available for mining, ande xtended the Lcasc !o allow time to mine the expansion areas. D. The Pmties now wish to expand the area of the Lease for the same purpos c, Prior to Mining the new Expansion Area, Lessee will obtain permission for gravel mining by the Colorado Mined Land Reclamation Board and by a special use permit from Eagle County. TERMS AND CONDITIONS THEREFORE, in consideration of the mutual promises set forth herein and in tJle Lcase, the parties agree: L Hereinafter, "Lease" means and refers to the Existing Lease as amended by !his Fifth Amendment. 2. Paragraph 1 of the Existing Lease is hereby amended to add the property designated as "Expansion Arell" as more particularly described on an ddcpictedinthesiteplan attached hereto and incorporated herein by reference as Exhibit I dated October 18,2005. Notwithstanding the foregoing, the lease of the Expansion Area is contingent upon Lessee first obtaining, and de]ivering to Lessor, a true eopyofa eOtllltyspeeial us epermitformillinggravcl thereon detailing the legal description of the Expansion Area and a Mined Land Reclamation Board permit therefor. By entering into this Lease, Lessor acts only in its proprietary capacity and makes no representation that a special use permit will be granted, This Lease shall be subject to all terms and conditions set forth in the Mined Land Reclamation Board permit and Eagle County speeialusepermit. 3. Also, notwithstanding the foregoing, the Expansion Area shall not include any property previously leased by Lessor to the Western Eagle County Metropolitan Recreational District ("WECMRD") without WECMRD writteu permission. Lessee accepts responsibility for determining the extent of the WECMRD lease and of any conflict between said lease and Exhibit L 4. Hours ofoperation shall be from 7:00 a,m. to 7:00 p.m., at maximum, Monday through Saturday; nevertheless, nighttime extraction orproecssin g,requiringlights,willnotbc allowed without the prior written approval of the Lessor, No operations will be allowed in the Expansion Area on the dates on which there arc Eagle Counly Fair & Rodeo events, nOlmally abollttendaysperyear, 5. Lessee will complete all excavation from the Expansion Area by not later than December31,2009,andshallthereafterconductnofurthercxcavatiolltherefrom, 2 6. Lessee shall complele reclamation up to reseeding the Expansion Area by no later thanDecember31,2011. 7. No stockpiling IS permitted in the Expansion Areas. All materials excavated from the Expansion Areas shall be moved to Area B via truck or conveyor for stockpiling, processmg and distribution. If Lessee selects the hauling option, Lessee shall COllstruct a haul r oadand lransportation of material will not be allowed on Fairgrounds Road. If Lessee selects a conveyor solution, Lessee wiU submit the proposed location of the conveyor fo r Lessor's approval and will constmcta five-foot high fence separating the cOllveyor from other a reas. 8. The Expansion Area shall be reclaimed as agricultural farm land with the exception ofa permanent aggregate surfaced parking Jot as more particu! arlysc( forth in Article 12 hereunder. Except as otherwise specifically statcd herein, reclamation of the Expansion Area will be in conformance with the plan set forth in Exhibit 1, consisting ofrecontouringall slopes (0 a 3:1 ralio, and at least thc minimum grade to drain set forth in the MLRB permit, top soil placemcntatadepthof4-8inches.reseedingwithagriculturalgrasses as specified in Exhibit 2, and in-igation to cstablish the vegetation. Reclamation is deemed complete when site preparation is completed and the revegetation plants arefllllyestablished for apellod of one year. Lesseewill re-prepare with topsoil or appropriate nutrients, reseed,andiniga te plants to the extent required to establish growth consistent with the cun-ent vegetation (before mining) at any time during the two years following the expiration or earlier termination of this Lease. The obligation to reclaim survives the termination of the Lease. 9. This Lease shall tenninate as (0 the Expansion Area upon the completion of the reclamation in said area. 10. Lessee acknowledgcd that there may be utilities crossing through theE xpansion Area, including water, sewer and gas lines, Lessor shall make existing documentation regarding utility locations in its possession available to Lessee upon requ es!. Lessee shali manage the relocation of existing utilitics, irrigation ditch and gas line at its cost within its new mining area and shail provide an as-built legal description of each to Lessorwithi n 60 days following completion of the relocation(s). At all times during this Lease, access and non-inteITllpted water and utilities must be available to the WECMRD complex, area residences and the Eagle COlUlty Animal Shelter, 11 Lessee, at no cost to the Lessor, will providc temporary all weather parking at the location identified as "Temporary Unpaved" on Exhibit 1 for 400 parking spaces to accommodate vehicular traffic for the Eagle County Fair in 2006 with a graveled acce ssintotheparkingarea thatwil!notexceeda5% slope, said construetion to be complctcd byJ une23,2006,Said temporary parking shail be available for usc by Lessor until suchti me as the pemlanent aggregate surfaced lot identified in Article 12 hereunder is available for use by Lessor, Lessee will modify the length and loeationoflhe 6 ftchain link fence to stop at the new acc ess for the temporary parking lot. ] 12 Lessee, at no cost to the Lessor,wil1 provide a pennanent aggregate surf aced parking lot for 400 parking spaces at the]ocation identified as "Pe nnanent Unpaved" on Exhibit 1. 13. Lessee will excavate a pond Of ponds as determined by the Lessor in any area currently mined, excepl for the area where the temporary parking will be located, the far west end of the pit west of the entrance or where the animal shelter sewer line crosses the property. Ponds will be sloped at a maximum 01'3:1, will be "pleasingly" shaped, and will not be lined by Lessee. It is currontlycstimated that a pond 200'x 400' maybebuiH east of the exi sting sewer 1ine crossing and directly south of the basebaJl field and anotherpOlld of at Jeast 400'x 400 maybe built wesl of the sewer line crossing, These ponds will vary in depth but are anticipated to be at least 12' in depth without entering the existing shaJe. 14 Lessee will remove Lessor's tin storage buildings at the northeast comer of the property. Lessee will lake possession eflhe buildings and may dispose oflhem as they see (It. Any refuse taken to the Eagle County landfill from this demolition will be at no charge te Lessee. 15. Lessee will supply, furnish and install, pursuant to detailed plans pr ovidedby Lessor, up to 3500 tons of Bituminous Paving fer the new Pavilion parking lot at the location identified as "Pennanent Paved" on Exhibit I, Cenditions and provisions of paving are as follows: (A) Final grading will be by EagJe County; (B) One move in for all the paving; (C) One lift of asp hall 3 inches compacted; (D) PG58-28,sx grading oil to be used; (E) No Striping oflot included; (F) No traffic control included; and (G) In"hollse testing of asphalt by Elam Construction, 16. Lessee will amend the current Division of Minerals and Geology pennit to encompass all contemplated ehanges. 17 Prior to beginning work, LafargewiJI have in place a fugitive dust plan a ndshall be responsible for dust control on the site. Failure to comply with the fugitive dust plan shall be deemed a violation of the lease extension and cause for lease lermina tion. 18 Lessee will provide chainlink security fencing (6'high from grade) around the Expansion Area so that at all times access to lhose portions of the Expansion Area being actively mined are closed to the public. Fencing will include, at appropriato space intervals, signs, printed inbothSpanishandEnglish.wamingthepublicthatthcpropcrtyisdangerous and the public shouJd keep oU!. 4 19. Paragraph 2 of the Existing Lease is hereby amended to provide that the Lease expires the earlier of 11:59 p,m, on December 31, 2011, or the completion of the reclamation of the Expansion Area, Lessee acknowledges hereby that Lessor intends that all of the lea sed premises must be mined and reclaimed in accordance with the Lease, and vacated, by that dare, 20. Pal'agraph 3 of the Existing Lease is hereby amended to provide that LesseewiJ! increase lhe royalty from all materials sold from this location as well asotherlocationsunder!he Existing Lease from $1.00 to $1,25/10n immediately upon securing Lessor approval of this Fifth Amendmenl and Eagle County approval of the special use permit. Lessee shall apply for the special use permit within ten (10) days from the date of cxeculiOll oflhi5 Fifth Amendment. 21. Lessee will maintain accurate records of material processed from each of the lease areas and make thQse records available for inspection by the Lessor. Twice annually, at times specified or approved in advance in writing by Lessor, Lessee will con duct aerial or physical surveys to confinn existing inventories and immediately deliver a copy thereof to the Lessor. 22. At all times during business hours Lessor and/or its consultants and ag entsmay enterupontheleasedpremisesonreasonablenoticetoinspect,surveyandconducttests,rclative to Lessor's planned development of the property and to Lessee's ope rations thereon, so long as, before entering the premises, each such individual has been properly tra inedifsuchtrainingis required by any federal or state statutes, laws or regulations conce ming mine safety lraining, including the Mine Safety & Health Act and rules, which training Lessee shall provide upon Lessor's request. 23. Except as herein expressly amended, the tenns and conditions of the Existing Lease shall remain in full force and effeet. WHEREFORE, the parlies have executed this agreement on, and effective as of, the date first set fOlthabove. "Lessor": COUNTY OF EAGLE, STATE OF COLORADO, By and Tlrrough its BOARD OF COUNTY "';,COMMISSIONERS ,---- h -7' ~ ~ / ATTEST, 'i ','J ..\ ~.~ ~ :/ "" . ,'.""., p/O< ~'. , " "...,,-- ,--",', ,', . '~,"" /.', "",' ",' /m-. " ,..,' .---./ Sy(]:;f/( ,; ~\i;I$;' B~ /../ /7.. ~~1: . Clerk of the Board of ~~;:;;,'.:'" Peter F. Runyon, Chainnan c:;/ County Commissioners ' 5 "Lessee'" , / LAFARGE wE~i a CorporatlO}l/ ATTEST: /:j/ ,/ ~~ . ,,~ / ;:;12/ d By: - By ,,:ft ,,_~,< St 'e'Wo~,m';:"): Vice PresJd"n(&: General Manager Westem.$kt{ Division of Lafarge G,\JlRYA.N',Co""'{;~",I-"f"gefifthA"""d"""LJOC 6 Exhibit 2 Reclamation Seeding Plan l-lydroseedingperacre: Material Quantity Biosolfertilizer 1l00lbs. Fibermukh 2001bs. Tackifier 2001bs. Straw mulch 100 bales DryMountainSeedmix* 501bs. The Dry Mountain Seed Mix has proven to be successful in the Eagle Valley and consists 0(; Sheep Fescue 10% Crested Wheatgrass 15% Slender Wheatgrass 20% ThkhspiceWhealgrass 20"/0 PubescentWheatgrass 10% Orchardgrass,Paiute 15% Winter Wheat ]0%