|
WHEREAS the Colorado Division of Minerals and Geology ( "DMG ") has determined that
<br />RMCC has substantially completed sand and gravel mining in Cell # 1 of the Bromley Lakes Property,
<br />and, except as identified herein and in that certain letter dated March 17, 2005 from DMG to counsel for
<br />RMCC (see Exhibit B), RMCC has substantially completed the reclamation requirements identified in the
<br />Reclamation Plan approved by the MLRB as a condition of the MLRB Permit; and
<br />WHEREAS, the City has determined that RMCC has substantially completed those tasks
<br />required in Sections l 1.d and l Le of the 1999 MOU, and all other reclamation efforts required by the
<br />MLRB Permit, except as provided in the March 17, 2005 DMG letter and except as provided herein
<br />regarding paying for and completing those tasks required in Section l Lc of the MOU;
<br />WHEREAS RMCC filed for a Technical Revision of the MLRB Permit with the Colorado
<br />Division of Mineral's and Geology ( "DMG ") on December 6, 2004, which revision requests that the
<br />acreage subject to the MLRB Permit be reduced by approximately 220 acres, from a total of 387.5 acres
<br />to approximately 167.5 acres (see Exhibit C);
<br />WHEREAS the Technical Revision, if approved, will remove a portion of Cell #1 from MLRB
<br />permit jurisdiction as depicted in Exhibit C hereto and, as such, is intended to facilitate the CITY's
<br />installation of a slurry wall around Cell #1 and the CITY's creation of a lined water storage facility;
<br />WHEREAS the DMG inspected Cell # 1 on December 7, 2004 and subsequently issued a letter
<br />that denied the requested Technical Revision and an Inspection Report dated December 7, 2004, that
<br />documented the status of Cell # 1 at that time (see Exhibit B);
<br />WHEREAS RMCC appealed the DMG's December 7, 2004 decision to the MLRB, which
<br />matter was subsequently continued from the MLRB's December 2004, January 2005, and February 2005
<br />meeting dates, and which was heard by the MLRB at a public hearing on March 16, 2005;
<br />WHEREAS, the CITY supported the Technical Revision in the public hearing before the MLRB
<br />on March 16, 2005, and in exchange, RMCC is willing to facilitate, through the requested MLRB Permit
<br />acreage reduction and the public hearing process, and this Agreement, the CITY's use of Cell # 1 of the
<br />CITY's Bromley Lakes Property in the manner the CITY so desires;
<br />WHEREAS the parties seek first and foremost to clarify their respective obligations to one
<br />another with respect to the MLRB Permit (including the Reclamation Plan), and the Technical Revision
<br />as it relates to the design and construction of certain flood control structures in Cell # 1, the
<br />responsibilities for augmentation and reclamation, and secondarily, to all other related flood control
<br />structures on the Bromley Lakes Property; and
<br />WHEREAS except as may be specifically provided herein, the parties do not intend by this
<br />Agreement to otherwise alter, affect or change various of the agreements they have previously reached
<br />with respect to the Bromley Lakes Property, or to address, diminish or release any obligation of RMCC
<br />under the MLRB Permit, including but not limited to, the construction of flood control structures the
<br />MLRB Permit calls for in Cell #2 or Cell #3 on the Bromley Lakes Property.
<br />AGREEMENT
<br />NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein
<br />and for other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows:
<br />K
<br />
|