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JUL-01-2003 09 36 DUNCAN.OSTRANDER&DINGESS <br />303 779 3662 P.@6i16 <br />SETTT,EMENT AGIZEE~ <br />(City of Golden - CDOT.j <br />Phis Settlement Agreement, dated this day of May, 2003, is between The City of <br />Golden, a Colorado home tole municipal cotporation ("Golden") and the Colorado Departm0nt of <br />Transportation ("COOT"). <br />WEIEREAS, Golden is the Jessee under the Agreement dated January 1, 1983, recorded in <br />the real property records of Clear Creek Coumy, Colorado at Hook 420 at Pages 569-575, by <br />which Paul Guanella leased certain property descn'bed therein to Golden for reservoir <br />development purposes (the "dolden Lease"); <br />WI-IEREAS, COOT emered into Lease Agreement dated March 3, 1999 with Sally <br />Buckland and Glenda Guaaella (the `lessors"), which was not recorded, by which the Lessors <br />leased COOT a portion ofthe property already subject to the Golden Lease (thc "COOT Lease'. <br />COOT maintains two portable trailers oa the subject property containing explosives related to its <br />avalanche control operations; <br />VJylEREAS, Golden desires to coaunence reservoir construction activities on the property <br />subject to the Golden and COOT Leases as soon as possible and requires that COOT vacate and <br />surrender the premises so as not to interfere with such reservoir construction activities; <br />WF~REAS, Golden has commenced condemnation proceedings in the District Court in <br />and for Clear Creek County, Colorado in Case No. 03-CV-33 in which COOT has bcen named as <br />a Respondem (the "Condemnation Action"); <br />WHEREAS, Golden and COOT desires to relocate the GDOT's facilities for the <br />remaining term of the COOT Lease so as to not interfere with Golden's reservoir development <br />activities, and have reached the following agreements in connection therewith; <br />THEREFORE, in Consideration of rho foregoing and the mutual agreements set forth <br />below, the panics agree as follows: <br />L eloca ' Emrick & Hill, Inc. ("Emrick") currently occupies throe bunkers and <br />related berms on the subject property near the COOT facilities. Golden has entered into a <br />Settlement Agreement with Emrick whereby Emrick will vacate and surrender such butilcers and <br />berms no later than June 1, 2003. COOT shall relocate its facilities under the COOT Lease to the <br />easternmost Emrick berm as designated by Golden. COOT shall relocate its existing trailers, <br />explosivcs and other material located oe the subject property to such Etnrick berm, no later than <br />lone l0, 2003, and shall not thereafter use any portion of the subject property other than the berm <br />designated by Golden. Access to the reiocated site shall be coordmated with Oolden's reservoir <br />construction manager and maybe limited at times due to construction activities. <br />