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HomeMy WebLinkAboutC97-125 Corn Construction CoC ( C `97 12.5 RECLAMATION AGREEMENT CORN CONSTRUCTION CO. THIS RECLAMATION AGREEMENT ("AGREEMENT") is made and enter into this day of 1997, by and between Corn Construction Co., a New Mexico Corporation, (hereinafter "Permittee") and CJC Properties, Ltd. (hereinafter "Landowner") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). W I T N E S S E T H WHEREAS, the Permittee has applied to the County for a Special Use Permit (ZS -00009) for a Temporary Asphalt Plant, on a parcel of land in the unincorporated area of Eagle County more particularly described as follows: SW1/4 of Section 14 and NW1/4 of Section 23, Township 4 South, Range 83 West of the 6th Principle Meridian. WHEREAS, pursuant to Section 2.09.05(1) of the Eagle County Land Use Regulations, the County may impose restrictions or provisions it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use; and WHEREAS, said authority also permits the County to require a Performance Bond to insure compliance with the Special Use Permit Restrictions; and WHEREAS, the Board of County Commissioners has approved the Special use Application with certain conditions or restrictions, one such restriction requiring that the reclamation plan will be collateralized in the amount of $15,000.00 through a Reclamation Agreement; and WHEREAS, the Permittee desires to enter into this Agreement as a condition of the County's approval of a Special Use permit for Corn Construction's Temporary Asphalt Plant. �j U 11111111111111111111111111111111111111111111111111111111111 IN 623899 03/29/1997 04:42P 8727 P936 1 of 8 R 0.00 0 0.00 Sara J Fisher, Eagle, CO • C'97 12 5 514 RECLAMATION AGREEMENT CORN CONSTRUCTION CO. THIS RECION AGREEMENT ("AGREEMENT") is made and enter into this {f�� day of 1997, by and between Corn Construction Co., a New MedEico Corporation, (hereinafter "Permittee") and CJC Properties, Ltd. (hereinafter "Landowner") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). W I T N E S S E T H WHEREAS, the Permittee has applied to the County for a Special Use Permit (ZS -00009) for a Temporary Asphalt Plant, on a parcel of land in the unincorporated area of Eagle County more particularly described as follows: SW1/4 of Section 14 and NW1/4 of Section 23, Township 4 South, Range 83 West of the 6th Principle Meridian. WHEREAS, pursuant to Section 2.09.05(1) of the Eagle County Land Use Regulations, the County may impose restrictions or provisions it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use; and WHEREAS, said authority also permits the County to require a Performance Bond to insure compliance with the Special Use Permit Restrictions; and WHEREAS, the Board of County Commissioners has approved the Special use Application with certain conditions or restrictions, one such restriction requiring that the reclamation plan will be collateralized in the amount of $15,000.00 through a Reclamation Agreement; and WHEREAS, the Permittee desires to enter into this Agreement as a condition of the County's approval of a Special Use permit for Corn Construction's Temporary Asphalt Plant. 1 NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1.1 Reclamation. Subdivider, in consultation with the Landowner, shall be responsible for the Reclamation of the site as follows: 1.1.1. Revegetation. Land shall be revegetated in such a way as to establish a diverse, effective and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation, soil amendment, or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. The use of species native to he region shall be emphasized. If the choice of reclamation is for range, the land shall be restored to slopes commensurate with the proposed land use and shall not be too steep to be traversed by livestock. The area may be seeded either by hand, or power or by the aerial method. The revegetation plan shall provide for the greatest probability of success in plant establishment and vegetation development by considering environmental factors such as seasonal patterns of precipitation, temperature and wind; soil texture and fertility; slope stability; and direction of slope faces. Similar attention shall be give to biological factors such a proper inoculation of legume seed, appropriate seeding and transplanting practices, care of forest planting stock and restriction of grazing during initial establishment. 1.2 Scope of Work. The Permittee hereby agrees, at its sole cost and expense to furnish all equipment and material necessary to perform and complete prior to November 15, 1997, all reclamation improvements as set forth above, in accordance with all construction drawings, designs, maps specifications, sketches and other materials submitted by the Permittee prior to or at Special Use Permit approval, and in accordance with all laws of the United States of American, State of Colorado, County of Eagle, and their 0 respective agencies and affected governmental entities. All said work shall be done to the reasonable satisfaction of the Landowner and the County Engineer and shall not be deemed complete until approved and accepted as completed by the Board. 1.3 Estimated Costs of Reclamation. The estimated cost of the Reclamation is $15,000.00. To secure and guarantee performance of its obligations as set forth in this Section 1, and to guarantee Reclamation as set forth in Section 1.1, the Permittee hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. PANE 1 Jam_ -IR a WOMENN 2.1 Collateral. Security and Collateral required in Section 1.3 herein, as security for the performance by the Permittee of its obligations under this Agreement, shall be in the total amount of $15,000.00. The Permittee shall provide said collateral in a form acceptable to the County Attorney prior to the issuance of the Special Use Permit. 2.1.1 Performance Bond. Permittee shall furnish performance bond in an amount of $15,000.00 as security for the faithful performance of all Permittee's obligations under this Agreement. The bonds shall remain in effect for the duration of this Agreement. The bond shall be in a form satisfactory to the County Attorney, and be executed by such sureties as (a) are licensed to conduct business in the state of Colorado, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the surety on any bond furnished by Permittee is declared bankrupt, or becomes insolvent, or its right to do business is terminated in Colorado or it ceases to meet the requirements of clauses (a) and (b) of the preceding paragraph, Permittee shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to the County. 3 2.2 Warranty Period. Within thirty (30) days after Permittee has completed all of the Reclamation required by this Agreement and the work has been approved and accepted by the Landowner and the County, the warranty period shall be commenced. Permittee shall be responsible for the condition of the Reclamation Improvements for a period of two years after completion; this shall be guaranteed through the retention of Collateral in the amount of $15,000.00 in a form acceptable to the County Attorney. 2.3 Substitution of Collateral. The Permittee may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County Attorney, to guarantee the faithful completion of the Reclamation referred to herein and the performance of the terms of this Agreement. 2.4 Draws. Draws against the Collateral shall only be made as directed by Written Resolution of the County, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the reclamation as described in Section 1.1. 2.5 Events of Default. If Permittee has not completed the work required by this Agreement within thirty (30) days prior to the Date of Completion set forth herein, the County may, after ten (10) working days written Notice to the Permittee, draw upon the Collateral for the purpose of reclaiming. 2.6 Costs and Expenses. Permittee agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in determining to accept collateral, in drawing upon the Collateral, or in accomplishing an extension of its expiration. 3.1 Indemnification. Permittee shall indemnify and hold the County harmless from any and all claims made against the County by any contractor, subcontractor, materialmen, employee, independent contractor, agent or representative involved in the work necessary to comply with this Agreement, or on account of any other claims 4 against the County because of the activities conducted in furthe- rance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Permittee shall secure from any contractor or subcontractor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of $150,000 per individual and $600,000 per occurrence, naming the County as an additionally named insured. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liability. The County shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the Subdivision and/or Subdivision Improvements specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said Work but all of said liabilities shall be and are hereby assumed by the Permittee. The Permittee hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any performance by the Permittee hereunder; and the Permittee shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Permittee may have. The following shall apply to all Reclamation set forth in this Agreement: 5.1 ComFliance with Land Use Rectulations. The Permittee shall be required to obtain all necessary permits and comply with 5 the provisions of the Eagle County Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V). 5.2 Reclamation Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 5.3 Approval of Special Use Permit. The County agrees to the issuance of the Special Use Permit for Corn Construction, subject to the terms and conditions of this Agreement and the conditions and restrictions set forth in said Permit. 5.4 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 5.5 Assignability. This Agreement shall be enforceable against the Permittee, provided, however, that in the event the Permittee sells, transfers or assigns the Special Use Permit, the obligations of the Permittee under this Agreement may be assumed in writing by the purchaser of the Special Use Permit and the Permittee shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Permittee shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without prior written consent of the County, which consent shall not be unreasonably withheld. 5.6 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 5.7 Sole Responsibility of Permittee Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion of the Reclamation, each of said improve- ments not accepted as complete shall be under the sole respon- sibility and charge of the Permittee. 5.8 No Rights to -Third Parte. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 5.9 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid, certified or registered mail, return receipt requested. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this a7LL day of 1997. CF gAULF C°a H '� ATTEST: yto OLORO Clerk to the Board o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: / Johnnette Phillips, thairman Address for giving notice: P.O. Box 850 Eagle, CO 81631 CJC Properties, Ltd. a Colorado limited partnership - J By: LL= Chris P. fl General Partner Address for giving notice: 748 Golfmore Drive Grand Junction, CO 81506 7 PERMITEE: CORN CONSTRUCTION Co. a New Mexico corporation By: 4'4� ac__ Dennis Kit and Vice President Address for giving notice: P.O. Box 1240 Grand Junction, CO 81502 STATE OF COLORADO ) ss. County of ) The foregoing was acknowledged before me this Wk . day of //1/1 ji , 1997, by Chris P. Jouflas as General Partner of CJC Properties, Ltd., a Colorado limited partnership. WITNESS my hand and official seal. My commission expires Not y Public STATE OF COLORADO ) ss. County of ) The foregoing was acknowledged before me this 7/4- day of I;fW-/ /- , 1997, by Dennis Kirtland as Vice President of Corn Construction Co., a New Mexico corporation. WITNESS my hand and official seal. My commission expires Public 8