HomeMy WebLinkAboutR16-004 Oldcastle Fairgrounds Gravel Pit File No. ZS-5654 BOARD OF COUNTY COMMISSIONERS
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COUNTY OF EAGLE, STATE OF COLORADO O '5 Q
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RESOLUTION NO. 2016-
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APPROVAL
OF A SPECIAL USE PERMIT FOR OPERATION OF THE 0
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OLDCASTLE FAIRGROUNDS GRAVEL PIT E °o p°
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FILE NO. ZS-5654 co a) c w o
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WHEREAS, on or about July 22, 2015,the County of Eagle, State of Colorado, accepted
for filing an application submitted by Oldcastle SW Group, Inc. (hereinafter "Applicant" or
"Oldcastle") for a special use permit for the purpose of operating the Eagle County Fairgrounds
Gravel Pit(the"Special Use") located in the `Resource' Zone District in the unincorporated area
of Eagle County, and;
WHEREAS,the Applicant requests review of a Consolidated Special Use Permit for
gravel extraction and processing on the Eagle County Fairgrounds property(the "Property").
Specifically, this proposed Special Use Permit is to bring the existing aggregate mining and
processing activities into conformance with a new `Sand and Gravel Mining Lease between
Eagle County, Colorado and Oldcastle SW Group, Inc.' that was executed on April 21, 2015 (the
"Lease"). The Lease reduces the extent of the presently approved mining boundaries and the
overall duration of time that the mining operation will be active, and;
WHEREAS,the Lease requires Oldcastle to apply for and diligently pursue approval of
1) a County special use permit for mining gravel on the Property that will accurately reflect the
changes to the extent of mining boundaries, and 2) a Mined Land Reclamation Board Permit for
the Property. Please reference a copy of the Lease attached hereto as Exhibit"A", and;
WHEREAS, On April 26, 2011, the Board of County Commissioners approved Special
Use Permit(Eagle County File No. ZS-2774) to allow LaFarge West, Inc. to extract and process
gravel on the Fairgrounds property until December 31, 2027.
In July of 2013, Oldcastle acquired Lafarge West, Inc. and all related assets. Oldcastle resumed
gravel extraction and processing activities on the Fairgrounds property pursuant to the 2011
Special Use Permit approval, and;
APP OVED/y6 0 Op.I
By At( (,{,{> ,fjt
Eag County Att rr y's Office
By;
Eagle County Commissioners' Office
WHEREAS,in August of 2014, the Board of County Commissioners approved a Special
Use Permit (Eagle County File No. ZS-4892) for the express purpose of adjusting the allowable
hours of operation so that Oldcastle can operate the plant/site for extended hours. The purpose of
allowing extended hours of operation is to accommodate publicly funded construction projects
during weekends and nighttime hours. All other provisions of the 2011 Special Use Permit
approval granted to Lafarge West, Inc. were carried forward and remain in effect under Special
Use Permit ZS-4892, and;
WHEREAS,this new Special Use Permit application proposes to carry-forward all
provisions of the presently governing Special Use Permit with the following changes: Oldcastle
will mine the remainder of material in Area B and a peninsula of material in Area E. No more
mining will occur in Area D, and Area F has been removed from all mining plans. The duration
of the mining operation is being truncated by seven years, from December 31, 2027 to December
31, 2020. The provisions of the Lease include an additional two years, until December 31, 2022
for Oldcastle to complete the mine land reclamation process. Please reference the Mining
Reclamation Plan attached as Exhibit `B'.
WHEREAS,notice of the Special Use was given to all proper agencies and departments.
as required by the Eagle County Land Use Regulations (hereinafter the"ECLURs"), Section 5-
210.E, and;
WHEREAS, at its public hearings held on August 6, 2014, the Eagle County Planning
Commission,based upon its findings,unanimously recommended approval with conditions of
this proposed Special Use, and;
WHEREAS, at its public hearing held on January 12, 2016, the Eagle County Board of
Commissioners (hereinafter the"Board"), considered the proposed Special Use, associated plans,
the statements and concerns of the Applicant, the Eagle County Community Development and
Engineering staff, and other interested persons, and the recommendation of the Eagle County
Planning Commission, and;
WHEREAS, at its regular meeting on January 12, 2016, the Board voted unanimously to
approve the Special Use Permit request with conditions as listed herein and authorized the Chair
to sign on its behalf the foregoing resolution evidencing such approval; and,
NOW,THEREFORE,based on the evidence, testimony, exhibits, and study of the
Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the
Eagle County Community Development Department, comments of public officials and agencies,
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the recommendations of the Planning Commission, and comments from all interested parties, the
Board finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2. That all standards required for Special Use Review and Exploration, Extraction and
Processing Operations have been met as required by the Eagle County Land Use
Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT this Special Use Permit application for Oldcastle SW Group, Inc. to operate the Eagle
County Fairgrounds Gravel Pit as described herein, is hereby approved, subject to the following
conditions, and that violation of any condition shall be the basis for revocation of the Special Use
Permit:
1. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in any public meeting shall be adhered to
and considered conditions of approval.
2. Only equipment which is necessary for the operation and maintenance of the gravel
operation may remain on-site; the site may not be utilized as a contractor storage yard.
3. Storage of necessary equipment and supplies for the operation of the gravel pit should be
adequately screened from view of the public and adjacent properties.
4. Oldcastle shall maintain a detailed policy guide and procedure manual outlining fire,
health, emergency, safety and welfare of employees, visitors, and surrounding residents of
the area.
5. Operation of the Eagle Fairground Gravel Pit shall comply with the Eagle County
Commercial and Industrial Performance Standards pursuant to Chapter II, Article 5,
Division 4-5 of the Eagle County Land Use Regulations, as maybe amended from time to
time.
6. All provisions of the Special Use Permit approval for File No. ZS-4892, as memorialized
in Board of County Commissioner Resolution 2014-077 and Resolution 2014-087 shall
be adhered to and implemented by Oldcastle, except as modified by this new Special Use
Permit.
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7. The applicant commits to grade the West Access Road to match either the design and
profile grade(s) in final designs provided by Eagle County at a future date or to the
Commercial Road Standard including a maximum grade of 6%.
8. The applicant shall provide documentation for the revision and approval of the Mined
Land Reclamation Board Permit as soon as practicable after such approval is received
from the State of Colorado.
9. This Special Use Permit will expire on December 31, 2022; which is consistent with the
provisions of the new executed lease agreement.
THAT, the Board directs the Department of Community Development to provide a copy
of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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ADOPTED by the Board of County Commissioners of the County of Eagle, State of
Colorado, at its regular meeting held the 16th day of January, 2016.
COUNTY OF EAGLE, STATE OF COLORADO,
,E By and Through Its BOARD OF COUNTY
OG cot,
OMMISSIONERS
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ATTEST:
BY: PP . ,- ►tiBy:: A Ai. II 14 IF � I
Teak J. Simonton Kath handler-Henry, air
Clerk to the Board of
County Commissioners
Commissioner Jeanne McQueeney seconded approval of the Special Use Permit. The roll having
been called, the vote was as follows:
Commissioner Kathy Chandler-Henry Aye
Commissioner Jillian H. Ryan Aye
Commissioner Jeanne McQueeney Aye
Approval of the Special Use Permit request passed by a unanimous vote of the Board of County
Commissioner of the County of Eagle, State of Colorado.
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EXHIBIT "A"
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SAND AND GRAVEL MINING LEASE
BETWEEN EAGLE COUNTY,COLORADO AND OLDCASTLE SW GROUP,INC.
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s S d and Gravel Mining Lease(hereafter"Agreement")is entered into this �day
of ,2015,effective as of the same date,by and between Eagle County, Colorado,a body
corporate and politic("County or Lessor"),through its Board of County Commissioners,and
Oldcastle SW Group,Inc. ("Oldcastle or Lessee").
RECITALS
WHEREAS,Eagle County owns certain property located at 951 Fairgrounds Road in
Eagle, Colorado and more commonly known as the Eagle County Fairgrounds,that it leases for the
purpose of extracting sand and gravel (hereafter"the Property").
WHEREAS,the lease history of the Property is as follows:
(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").
(8) Fifth Amendment of Sand and Gravel lease,entered into March 21,2006
between Lessor and Lafarge West,Inc. (hereafter"Fifth Amendment").
(9) Sixth Amendment to Sand and Gravel Mining lease,entered into February
23,2010 between Lessor and Lafarge West,Inc. (hereafter"Sixth Amendment").
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• (10) Seventh Amendment to Sand and Gravel Mining lease, entered into
October 12, 2010 between Lessor and Lafarge West,Inc. (hereafter"Seventh
Amendment").
(11) Eighth Amendment to Sand and Gravel Mining lease,entered into January
31,2012 between Lessor and Lafarge West, Inc. (hereafter"Eighth Amendment").
(12) Ninth Amendment to Sand and Gravel Mining lease,entered into January
29, 2013 between Lessor and Lafarge West,Inc. (hereafter"Ninth Amendment").
WHEREAS, all of the foregoing agreements described above pursuant to which Lafarge
operated the mining activities at the Property will be collectively referred to herein as the
"Original Lease."
WHEREAS, Oldcastle entered into an Asset Purchase Agreement with Lafarge West,Inc.
dated as of May 2,2013,pursuant to which Oldcastle acquired certain rights,properties and assets
owned or held by Lafarge West,Inc. or used by Lafarge West,Inc. primarily related to Lafarge
West,Inc.'s operations in Colorado,which assets included the Original Lease.
WHEREAS,the County executed a Consent and Estoppel Certificate to such Asset
Purchase Agreement dated as of June 11, 2013,pursuant to which County consented to the
assignment of the Original Lease to Oldcastle.
• WHEREAS, the County and Oldcastle now desire to amend and restate the terms of the
Original Lease in its entirety with the terms and provisions of this Agreement.
AGREEMENT
NOW,THEREFORE,for ten dollars and other good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged,the parties hereby amend and restate
the Lease in its entirety and agree as follows. This Agreement shall replace and supersede the
Original Lease.
1. The County leases to Oldcastle for the purposes of sand and mineral extraction
those areas more particularly described on Exhibit A, attached hereto and by this reference
incorporated herein (hereafter"Leased Premises"). Within one hundred eighty(180)days of the
effective date of this lease, Oldcastle agrees to make application for and diligently pursue an
approval of 1)a County special use permit for mining gravel thereon and 2)a Mined Land
Reclamation Board permit therefore. If Oldcastle is unable to obtain said permits for any portion
of the Leased Premises,that portion shall be immediately removed from this Agreement. By
entering into this Agreement, County acts only in its proprietary capacity and makes no
representation that any future special use permits or amendments will be granted. This Agreement
shall be subject to all terms and conditions set forth in any existing or future Eagle County special
use permits and Mined Land Reclamation Board permits.
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2. Also,notwithstanding the foregoing,the parties acknowledge and agree that, if any
of the Leased Premises is on property currently under lease to the Western Eagle County
Metropolitan Recreational District("WECMRD"), no mining or processing activities may take
place absent the written permission of WECMRD. As such,this Agreement, as it may relate to
any portion of the Leased Premises currently under lease to WECMRD, is conditioned upon
Oldcastle obtaining requisite WECMRD approvals and will be terminated,as to that portion,
without cost to either party if such approval is not obtained. Oldcastle shall obtain such requisite
permission of WECMRD prior to occupying any such portion.
3. Hours of operation,environmental management plans, dust control plans,noise
control plans,etc. shall be as agreed to and authorized by Eagle County through the special use
permitting process. Failure to maintain any special use permit necessary for Oldcastle to lawfully
operate on the Leased Premises shall be deemed a violation of this Agreement and cause for
termination pursuant to the default provisions of Article 14.
4. Oldcastle shall comply with all current and applicable federal, state and local laws
regarding the operation of the mining activity. Failure to comply with such rules and regulations
shall be deemed a violation of this Agreement and cause for termination pursuant to the default
provisions of Article 14
5. Oldcastle shall complete any excavation from the Leased Premises no later than
December 31, 2020,and shall thereafter conduct no further excavation therefrom.
• 6. Oldcastle shall complete all reclamation in the manner required by the applicable
mining permit(s) including reseeding the Leased Premises,and shall insure the reclamation is
complete in order to prepare for the DMRS approval process by no later than December 31,2022.
On the expiration or other termination of this Agreement, Oldcastle's right to use of the Leased
Premises shall cease, and Oldcastle shall vacate the Leased Premises without unreasonable delay;
provided, however, Oldcastle shall be allowed to continue to perform reclamation in the manner
required by any applicable permit(s).
7. During the term of this Agreement,as set forth in Article 5 herein, Oldcastle shall
remove that high mound material depicted on the attached Exhibit A provided that Oldcastle,in
its reasonable discretion, determines that it may mine such material in a commercially reasonable
manner. Following execution of this Agreement, Oldcastle will seek any special use permit or
state mining permit amendments that may be necessary to mine this material. Oldcastle will
diligently seek the requisite approvals unless it determines,in its reasonable discretion,the
permits obtained do not allow it to mine this material in a commercially reasonable manner.
8. The Leased Premises shall be reclaimed as agricultural farm land with elevation
and contours and conforming to the requirements of any applicable permit(s) for future use of the
Leased Premises for ball field construction;provided,however,the parties acknowledge and agree
that Oldcastle is not responsible for finish grading the mined area and, instead, Oldcastle shall
only be obligated to rough grade the mined area to allow County to contract with a third party to
construct any ball field(s)it desires. Oldcastle may use that area shown as Borrow Source for
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• Reclamation on the attached Exhibit A as a borrow source of top soil for reclamation throughout
the Leased Premises. Prior to submitting to DMRS for approval, Oldcastle will submit a
reclamation plan to the County for its reasonable review, comments, and approval. Subject to the
above,Oldcastle agrees to cooperatively work with the County to ensure that all mining and
reclamation activities are done in a way to leave the Leased Premises with the appropriate
foundation,elevation, and grade necessary for future new ball field construction. Said
reclamation plan will be as agreed to by the Parties with the intent of future ball field construction.
Oldcastle agrees to incorporate these reasonable recommendations into its operation and
reclamation of the Leased Premises. County acknowledges and agrees that Oldcastle is not
responsible for,or liable for, relocating any utilities that may prove necessary to allow the Leased
Premises to be rough graded or to allow for construction of any ball fields thereafter. Oldcastle
agrees to reasonably work with the County when performing its rough grading to allow for slope
ratios which could provide spectator seating following County's construction of any ball fields.
Oldcastle will construct, as part of its reclamation efforts, an unpaved access road to the area of
the potential new ball fields at a location identified in the attached Exhibit A. This road shall be
of a standard conforming to the requirements of any applicable permit(s)reasonably approved by
the County that will allow ingress and egress by future ball field users.
9. reclamation of the Expansion Area will be in conformance with the plan to be
presented and approved by Eagle County through the special use permitting process. Reclamation
shall be deemed complete when site preparation is completed pursuant to any applicable
permit(s). Oldcastle will revegetate with topsoil in the manner required by any applicable
• permits. The obligation to reclaim survives the termination of this Agreement.
10. This Agreement shall terminate at the earlier of the dates set forth in Articles 4 and
5 herein,upon the completion of the reclamation in the Leased Premises,or upon termination
pursuant to the default provisions of Article 14.
11. As part of the Original Lease,Lafarge agreed to provide capital in a total amount
not to exceed$3.925 million to fund the relocation of the ball fields from their current location,
shown as Area F on the attached Exhibit A,to another location on the Leased Premises. Of this
3.925 million,Lafarge has provided to the County an amount equal to$ 1,750,000,a portion of
which has been expended on design costs and the remainder of which is being held by the County.
The Original Lease provided that this amount should be returned to Lafarge if the existing ball
fields were not relocated and the material identified in Area F not made available for extraction.
The amount returned by the County was to be reduced by the royalty amount to be paid to the
County from all materials sold from the additional mining activity on Area B in an amount of
$1.75/ton.
12. As Area F is not being included in this Agreement,the County shall return
$1,750,000 to Oldcastle, less the royalty amount to be paid to the County from all materials sold
from Area B since February 23, 2010,the execution date of the Sixth Amendment. Within sixty
(60)days of execution of this Agreement,Oldcastle shall provide to the County records of the
minerals extracted and sold since this time from Area B showing the amount of royalty fees due
and owing as provided in Section 8 herein. If the County does not dispute these records,it shall
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• make payment to Oldcastle of$1,750,000, less said amounts shown in the audited records within
ninety(90) days of receipt of said audited records. Oldcastle acknowledges that said payment is
no longer due and owing Lafarge and is now payable to Oldcastle as part of the Asset Purchase
Agreement. Oldcastle agrees to indemnify and hold the County harmless for any claims of
entitlement Lafarge may bring regarding this payment.
13. Oldcastle acknowledges that there may be utilities crossing through the Leased
Premises,including but not limited to water, sewer and gas lines. The County shall make existing
documentation regarding utility locations in its possession available to Oldcastle upon request. At
all times during this Agreement,access and non-interrupted water and utilities must be available
to the existing ball fields, area residences and the Eagle County Animal Shelter and Oldcastle
shall not conduct any activities under this Agreement so as to interfere with water and utility
service.
14. Termination by either Party may only be for a material breach of the terms and
conditions herein and the failure of the breaching party to cure the default within thirty(30) days
after receiving written notice of default from the other party,provided that if the nature of the
default is such that it cannot be fully cured within thirty(30)days after notice,the defaulting party j
shall have a reasonable time to diligently complete cure of the default. Notwithstanding the
foregoing,the County may terminate this agreement upon thirty(30)days written notice if
Oldcastle files a petition in bankruptcy, including a reorganization plan, makes a general or other
assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for
• the property or affairs of Oldcastle.
15. Oldcastle agrees to pay the County royalty fee payments for all material sold from
the Leased Premises in an amount of$1.75 per ton. Oldcastle will present quarterly to County a
detailed accounting of materials mined and sold from the Leased Premises along with the royalty
payment for such period. The quarters shall be January through March,April through June,July
through September, and October through December. The quarterly payments shall be due on or
before the 15th day of the first month following the end of the quarter. Any previously mined
material currently stored anywhere on the Leased Premises shall remain subject to these royalty
payments. Beginning in January 2015 and every January thereafter,royalty payments shall be
increased annually according to the Denver-Boulder,Colorado Consumer Price Index for All
Urban Consumers,All Items published by the U.S. Bureau of Labor Statistics or other similar
index approved by the Parties. In no event shall royalty payments be lowered from the previous
year's amount. A delinquency charge of two percent(2%)per month shall be added to payments
required herein-above,which are rendered more than thirty(30)days delinquent. Delinquency
charges shall be due and owing immediately. Unless otherwise notified in writing,all payments
due the County shall be delivered to the Eagle County Facilities Management Department, C/O
Rick Ullom,PO Box 850,Eagle Colorado 81631.
16. Oldcastle will supply up to 20,000 tons of Class 6 road base material annually to
the County upon County request at a cost of ten dollars($10)per ton;provided,however, County
must provide sufficient notice to Oldcastle to allow for the production of such material in the
ordinary course of operations. For purposes of this Section 16, sufficient notice shall be deemed
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• ninety(90)days. If Oldcastle cannot provide material from this pit,it shall be obligated to locate
and provide material at this cost from another source. Beginning with the second year that the
County accepts material and annually thereafter,the cost per ton will be increased by the
percentage increase of the Consumer Price Index from the previous year's increase according to
the Denver-Boulder, Colorado Consumer Price Index for All Urban Consumers. The material
will be provided at times mutually agreed to by the Parties. The material may only be used on
County sponsored projects. The County may not assign or otherwise transfer its rights to this
material to any other projects.
17. Oldcastle will provide chain link security fencing(6'high from grade)around the
Leased Premises so that at all times access to those portions of the Leased Premises being actively
mined are fenced off 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.
18. Oldcastle will maintain accurate records of material processed and sold from each
of the lease areas and make those records available for inspection by the County upon request.
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19. At all times during business hours,the County and/or its consultants and agents
may enter upon the leased premises on reasonable notice to inspect,survey and conduct tests,
relative to the County's planned development of the property and to Oldcastle'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 Oldcastle shall
provide upon the County's request.
20. Oldcastle shall obtain and maintain in effect during the term of this Agreement
comprehensive commercial general liability and property damage insurance covering all of
Oldcastle's activities, operations and facilities on or at the Leased Premises in an amount of
$2,000,000. Said insurance shall name the County as an additional insured and shall provide
County with coverage for any covered events to the extent same arise out of Oldcastle's actions
or omissions. Such insurance shall be maintained with a company or companies approved by the
County. A certified copy of each insurance policy obtained hereunder or a certificate evidencing
the existence of such insurance shall be delivered to the County within ten(10)days after
execution of this Agreement.Each such copy or certificate shall contain an endorsement by the
insurer obligating the carrier of such insurance to furnish the County with thirty(30)days' notice
of any intended cancellation,termination or modification of such insurance. Oldcastle further
agrees to notify the County in writing as to any amendment or cancellation of such policies. This
insurance obligation,however, shall not apply to,and Oldcastle shall not provide County with
insurance coverage for claims by third parties against the County to the extent that such claims
against County are caused by County's acts or omissions.
21. Oldcastle shall indemnify and hold harmless the County, its Board of County
Commissioners and the individual members thereof, its commissions, agencies,departments,
officers, agents,employees or servants,and its successors from any and all demands, losses,
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• liabilities, claims or judgments,together with all costs and expenses incident thereto which may
accrue against, be charged to,or be recoverable from the County,its Board of County
Commissioners,and its individual members thereof, its commissions, agencies,departments,
officers,agents,employees or servants and its successors,as a result of the acts or omissions of
Oldcastle, its employees or agents,or in connection with Oldcastle's use and occupancy of the
Leased Premises.The County shall give to Oldcastle prompt notice of any claim made or suit
instituted which in any way, directly or indirectly, affects or might affect Oldcastle and Oldcastle
shall have the right to compromise or participate in the defense of any such action to the extent of
its own interests. Oldcastle shall likewise give prompt notice to the County of any claim or suit
which directly affects or might directly affect Oldcastle's ability to operate hereunder or which in
any way affects or might affect the County. This indemnification obligation,however,shall not
apply to claims by third parties against the County to the extent that such claims against County
are caused by County's acts or omissions. This paragraph shall survive expiration or termination
hereof.
22. Except as otherwise provided within this Agreement,the parties mutually agree
that nothing contained in this Agreement,nor the operations hereunder, shall in any way be
construed to constitute the parties hereto as partners or be construed that Oldcastle is an employee
or servant of the County,and in no event shall the County become liable for any loss which may
result from the operations of Oldcastle upon the Leased Premises,nor for any indebtedness
incurred by Oldcastle in the operations of its business conducted on the Leased Premises.
• 23. The parties both recognize that it is in the public interest and to their mutual
benefit that the mining of the Leased Premises be accomplished in a prompt, efficient and
courteous manner. To that end, Oldcastle and the County shall meet together from time to time,
upon the written request of either,for the purpose of addressing any legitimate complaints which
may have been received by either and reviewing in general the operations on the Leased Premises.
Each party agrees to work cooperatively and in good faith to undertake such action as may be
reasonable and appropriate to remedy the situation giving rise to any such complaints.
24. The rights herein contracted for shall inure solely to the benefit of the parties to
this Agreement,and nothing herein shall be construed to grant a cause of action to non-parties
claiming as third party beneficiaries or otherwise.
25. This Agreement shall be binding on the parties hereto,their heirs,executors,
successors, and assigns. Any dispute of this Lease shall be determined by Colorado law and the
venue for the same shall be in Eagle County, Colorado. All amendments to this Agreement must
be made in writing by mutual agreement of the parties, and no oral amendments shall be of any
force or effect whatsoever. This Agreement supersedes all previous communications,
negotiations and/or contracts between the respective parties hereto, either verbal or written,and
the same not contained herein are hereby withdrawn and annulled. This Agreement may not be
transferred or assigned by Oldcastle without the express written consent of County,which will not
be unreasonably withheld. Any sublease or use of the Leased Premises by a third party is
prohibited without the express written consent of the County,which will not be unreasonably
withheld.
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• 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
�r• •MMISSIONERS
ATTEST:
Clerk of£7e Board of p1"�. =l`a'y:.• Chairman •
County Commissioners
� • .�of �»
gW ORp``"
"Lessee": Q'v
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i : �i :•OLDCASTLE SW GROUP,INC. ' S 0
ATTEST: h '•c.!;aF:P'
• By: ,�1.L*,i .r. By: rrr
Name: /?,4- - y/• 5% r,�ct�
Title: CC / e .ae.4.f
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