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HomeMy WebLinkAboutC06-096 Sand and Gravel Mining Lease Fifth Amendment 0 g FIFTH AMENDMENT TO SAND AND GRAVEL MINING LEASE This Fifth Amendment to Sand and Gravel Mining Lease (sometimes herein "Fifth Amendment ") is entered into this- )1 day of Cf c.-t2t\1 , 2006, effective as of the same date, by and between Eagle County, Colorado, a body corporate and politic ( "Lessor"), through its Board of County Commissioners, and LaFarge West, Inc., a corporation ( "Lessee "). RECITALS A. The history of this lease is the following: (1) Lease from Loren G. Chambers to 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; (3) Modification to Sand and Gravel Mining Lease between Loren G. • Chambers (as Lessor) and Mobile Premix Company (predecessor of Lessee, as Lessee), dated December 8, 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), Mobile 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; (5) Second Amendment to Sand and Gravel Lease, entered into July 21, 1997, with Western Mobile Pre -Mix Company (predecessor of Lessee, as Lessee) effective April 1, 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 Gravel lease, entered into March 20, 2001 between Lessor and Western Mobile Northern, Inc., a wholly owned subsidiary of LaFarge West, Inc. (hereafter, "Fourth Amendment "). The foregoing is referred to, together, as the "Existing Lease." B. Areas described herein and in the Existing Lease on which Lessor is permitting mining and processing are permitted for those activities by the Colorado Mined Land Reclamation Board. 1 4 C. In the previous amendments, the Parties expanded the area of the Lease for the purpose of expanding the gravel resource available for mining, and extended the Lease to allow time to mine the expansion areas. D. The Parties now wish to expand the area of the Lease for the same purpose. 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 the Lease, the parties agree: s 1. Hereinafter, "Lease" means and refers to the Existing Lease as amended by this Fifth Amendment. 2. paragraph 1 of the Existing Lease is hereby amended to add the property designated as "Expansion Area" as more particularly described on and depicted in the site plan attached hereto and incorporated herein by reference as Exhibit 1 dated October 18, 2005. Notwithstanding the foregoing, the lease of the Expansion Area is contingent upon Lessee first obtaining, and delivering to Lessor, a true copy of a county special use permit for mining gravel 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 special use permit. 3. Also, notwithstanding the foregoing, the Expansion Area shall not include any property previously leased by Lessor to the Western Eagle County Metropolitan Recreational for District ( "WECMRD ") without WECMRD written permission. Lessee accepts responsibility determining the extent of the WECMRD lease and of any conflict between said lease and Exhibit 1. 4. Hours of operation shall be from 7:00 a.m. to 7:00 p.m., at maximum, Monday through Saturday; nevertheless, nigh ttime extraction or processing, requiring lights, will not be allowed without the prior written approval of the Lessor. No operations will be allowed in the Expansion Area on the dates on which there are Eagle County Fair & Roclltro events, normally about ten days per year. 5. Lessee will complete all excavation e excavation therefrom.ot later than December 31, 2009, and shall thereafter cond uct no further 2 4 6. Lessee shall complete reclamation up to reseeding the Expansion Area by no later than December 31, 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, processing and distribution. If Lessee selects the hauling option, Lessee shall construct a haul road and transportation of material will not be allowed on Fairgrounds Road. If Lessee selects a conveyor solution, Lessee will submit the proposed location of the conveyor for Lessor's approval and will construct a five -foot high fence separating the conveyor from other areas. 8. The Expansion Area shall be reclaimed as agricultural farm land with the exception of a permanent aggregate surfaced parking lot as more particularly set forth in Article 12 hereunder. Except as otherwise specifically stated herein, reclamation of the Expansion Area will be in conformance with the plan set forth in Exhibit 1, consisting of recontouring all slopes to a 3:1 ratio, and at least the minimum grade to drain set forth in the MLRB permit, top soil placement at a depth of 4 -8 inches, reseeding with agricultural grasses as specified in Exhibit 2, and irrigation to establish the vegetation. Reclamation is deemed complete when site preparation is completed and the revegetation plants are fully established for a period of one year. Lessee will re- prepare with topsoil or appropriate nutrients, reseed, and irrigate plants to the extent required to establish growth consistent with the current 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 terminate as to the Expansion Area upon the completion of the reclamation in said area. 10. Lessee acknowledged that there may be utilities crossing through the Expansion Area, including water, sewer and gas lines. Lessor shall make existing documentation regarding utility locations in its possession available to Lessee upon request. Lessee shall manage the relocation of existing utilities, irrigation ditch and gas line at its cost within its new mining area and shall provide an as -built legal description of each to Lessor within 60 days following completion of the relocation(s). At all times during this Lease, access and non - interrupted water and utilities must be available to the WECMRD complex, area residences and the Eagle County Animal Shelter. 11. Lessee, at no cost to the Lessor, will provide temporary all weather parking at the location identified as "Temporary Unpaved" on Exhibit 1 for 400 parking spc_ es to accommodate vehicular traffic for the Eagle County Fair in 2006 with a graveled access into the parking area that will not exceed a 5% slope, said construction to be completed by June 23, 2006. Said temporary parking shall be available for use by Lessor until such time as the permanent aggregate surfaced lot identified in Article 12 hereunder is available for use by Lessor. Lessee will modify the length and location of the 6 ft chain link fence to stop at the new access for the temporary parking lot. 3 • 12. Lessee, at no cost to the Lessor, will provide a permanent aggregate surfaced parking lot for 400 parking spaces at the location identified as "Permanent Unpaved" on Exhibit 1. 13. Lessee will excavate a pond or ponds as determined by the Lessor in any area currently mined, except 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 of 3:1, will be "pleasingly" shaped, and will not be lined by Lessee. It is currently estimated that a pond 200'x 400' may be built east of the existing sewer line crossing and directly south of the baseball field and another pond of at least 400'x 400 maybe built west 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 shale. 14. Lessee will remove Lessor's tin storage buildings at the northeast comer of the property. Lessee will take possession of the buildings and may dispose of them as they see fit. Any refuse taken to the Eagle County landfill from this demolition will be at no charge to Lessee. 15. Lessee will supply, furnish and install, pursuant to detailed plans provided by Lessor, up to 3500 tons of Bituminous Paving for the new Pavilion parking lot at the location identified as "Permanent Paved" on Exhibit 1. Conditions and provisions of paving are as follows: (A) Final grading will be by Eagle County; (B) One move in for all the paving; (C) One lift of asphalt 3 inches compacted; (D) PG58 -28, sx grading oil to be used; (E) No Striping of lot included; (F) No traffic control included; and (G) In -house testing of asphalt by Elam Construction. 16. Lessee will amend the current Division of Minerals and Geology permit to encompass all contemplated changes. 17. Prior to beginning work, Lafarge will have in place a fugitive dust plan and shall 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 termination. 18. Lessee will provide chainlink security fencing (6' high from ¥ade) around the Expansion Area so that at all times access to those portions of the Expansion Area being actively mined are closed to the public. Fencing will include, at appropriate space intervals, signs, printed in both Spanish and English, warning the public that the property is dangerous and the public should keep out. 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 leased premises must be mined and reclaimed in accordance with the Lease, and vacated, by that date. 20. Paragraph 3 of the Existing Lease is hereby amended to provide that Lessee will increase the royalty from all materials sold from this location as well as other locations under the Existing Lease from $1.00 to $1.25 /ton immediately upon securing Lessor approval of this Fifth Amendment 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 execution of this Fifth Amendment. • 21. Lessee will maintain accurate records of material processed from each of the lease areas and make those records available for inspection by the Lessor. Twice annually, at tunes specified or approved in advance in writing by Lessor, Lessee will conduct aerial or physical surveys to confirm existing inventories and immediately deliver a copy thereof to the Lessor. 22. At all times during business hours Lessor and/or its consultants and agents may enter upon the leased premises on reasonable notice to inspect, survey and conduct tests, relative to Lessor's planned development of the property and to Lessee's operations thereon, so long as, before entering the premises, each such individual has been properly trained if such training is required by any federal or state statutes, laws or regulations concerning mine safety training, including the Mine Safety & Health Act and rules, which training Lessee shall provide upon Lessor's request. 23. Except as herein expressly amended, the terms and conditions of the Existing Lease shall remain in full force and effect. WHEREFORE, the parties have executed this agreement on, and effective as of, the date first set forth above. • "Lessor ": COUNTY OF EAGLE, STATE OF COLORADO, By and Through its BOARD OF COUNTY v COMMISSIONERS ATTEST: x �, `i `�•t ± 1 31,1 e ; Clerk of the :oard of • Peter F. Runyon, Chairman County Commissioners 5 J. • • "Lessee ": . LAFARGE WEST, I ''a CorporatiQ ATTEST: / By: B / / St - .'osd �,• Vice Preside {& a eral Manager Western Slope II "sion of Lafarge GABRYAN\Contracts \Warge Fifth Amendment.doc • 6 • MAR -17 -06 03 :40 PM WECMRD 9703286955 P. 02 • T r f `r we --........... ili:-...F .. i WESTERN EAGLE COUNTY " ''TROPOLITAN Li '.•' , 3•. RECREATION DISTRICT 113 E. OT)4. ST • PO 001t 240 • EAGLE, CO EMS kY + • • 9 (S70132E4 9 • F t www:wscmreorp . March 27, 2006 ` S Via Facsimile at (970) 704 -4818 • , ..: ; dent, General Man two and Regular Mall s Wotan U.S. Region _ s�j' ! P.O. Drawer 368 • ►� . GIeawood Springs, CO 81602 ' • :'•.. Re: Lafarge Lease Expansion • ~' 1 Dar Steve: .,..., ; ; a. 7 Thank you for meeting with me to discuss your plans for continued gravel mining east of the " ballfidds. This letter shall Hint as a stabling i I r . ` operation within the WECMRD authorization � conduct conduct leasehold no closer than sixty feet (60') from the easternmost . WECMRD Additionally Lafarge relocate the existing � � ; �. bA�Y of the MRD behsebaD held. : , iziigatian ditch within the WECMRD leasehold at a location identified on the site map prepared ' • by Johnson, Kunkel & Associates dated October 18, 2005. Relocation of the irrigation ditch ',' i should be performed at a time that will not cause unreasonable interference with the use of the :•• •• WECMRD complex, specifically during the months of April through September. :• . 1 • pie above grant of permissioc is conditioned upon Lafarge providing access and son- interrupted is water and utilities service to ti* WECMRD complex during the mining operations as set forth in ' brie Fifth Amendment to Sand and Gravel Mining Least with Eagle County. a ' • > Please do not hesitate to contact me if I can be of Mather aasi .Y •'7r..ihr �• 3 S' • : • . , •,, , .,„, i, • y� : Isaae ;: Western Eagle County Metrop Reehroation District , 't _ ., 1' cc: Bryan Tree, Eagk County Attorney i• r • i �'' t yr S 9' BRYAN R.TREU OFFICE OF THE County COUNTY ATTORNEY A (970) 328-8685 FAX (970) 328 -8699 Ap ril 20 EAGLE COUNTY Steve Wood Via Facsimile at (970) 704 -4818 Vice President, General Manager Western U.S. Region P.O. Drawer 368 .. Glenwood Springs, CO 81602 Re: Lafarge Lease Expansion Dear Steve: I am in receipt of the Division of Minerals and Geology's letter dated April 10, 2006 requiring Lafarge to address various issues for the proposed lease expansion. I am also in receipt of your email asking for County authority to mine within two hundred feet (200') of manmade structures. The County acknowledges that the lease expansion area is within two hundred feet of various County manmade structures and hereby authorizes such mining. The above grant of authorization is conditioned upon Lafarge correcting and mitigation any resulting damage to the structures unless otherwise mutually agreed to by Lafarge and the County in the lease amendment. It is also my understanding that the Western Eagle County Metropolitan Recreation District has previously given you permission to mine in their leasehold area as well. Please do not hesitate to contact me if I can be of further assistance in addressing the issues raised by the Division of Mineral and Geology. Sincerely, Bryan Treu Eagle County Attorney STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this .. , f April . , by B i Treu. 0 Public My Commission Expires: f ; • •. i • • • cc: Helen Migchelbrink, Eagle County Engineer / �r l �► • A O : p 0. .71J2__ [nn _ p_. ere J_ -s - -j_ a newt. MAY - 03 14:44 LHI t tHULt ri I r er J40 004C r . ui. r�i wecmr ............., WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT ME E 4TH- ST • P.O. SOX 246 • EAGLE. CO 11531 (aio132l cos - PA 19701 mass wwty wee* d org Arm Skinner- Maritowhtt Eagle County Community Development PO 179 Eagle, Colo. 81631 4/28/2006 Re: File # 2S -00139 LaFarge Gravel Pit Extension Application Jenne, 15re reviewed the Special Use Permit Application for the Laparge gravel pk eStension adjacent to the WECMRD sports complex. As requested, I have made the following comments regatdng I the application. 1) Project Overview — dna mining operatlan9 will 11.11111111111111ftimpuld ask that WECMRD be assured that operations will not negatively affect the sports programs conducted at the bail field compl ec. Our programs begin as early as m weelaalghts and, during summer, nay begin at gam far youth sports camps. Weekend activities typlc..;:f '... at 9ant and continue area from April through but the day. Acgvllies at the starts complex 2) Water — WECMRD retie$ on the irrigation water sent through the ditch which runs through the appli atioion :site. Access to Irrigation water let required from mid-April tiwough the end of Septarriber. The water source cannot be disrupted or dhsdrbed dung the amity seasen in order to provide a safe surface for the field spats. 3) Nelghbortwiad con AMY — there tNE be some overlap between recreation activities and mining activity during each day. This should not present a problem unless the dust or airborne particles created through mining activities are hazardous to young children. 4) Section 3 — Dust Control — as noted above, we have hundreds of young children participating In strenuous activities. The level of dust shouki be conbsolled so as not to present a health risk toles! children. Jenne, it appears UFarge is the necessary planning ry P and td prevent any disruption of WECMRD activities at the site Please Incorporate this Mons noted a however, so that the g:gnhmuidy will continue to envy the programs and aclivrpeb conducted at the WECMRD *ports complex. Q Post4t• Fax Note 7671 e I t► _ • o f ..►.. �.....►i Tv • Fran 1. ) P CoiDOpt. Phan x. 7p /O F8J(I ta / TOTAL P.01