2013-01-10_HYDROLOGY - M1999098 - Laserfiche WebLink

Home Browse Search

City of ree ' p Gr ^ 'r September 12, 2011 Mr. Timothy J. Flanagan, Esq. Fowler, Schimberg & Flanagan 1640 Grant Street Denver, CO 80203 RE: 83" Joint Venture LLC Boyd Irrigation Company Ditch Shares Dear Mr. Flanagan, As you may have heard, the City of Greeley purchased 240 shares of stock in the Boyd Irrigation Company ("BIC") from 83 Joint Venture. The acquisition was completed August 5, 2011 in lieu of the sale of the shares for delinquent unpaid assessments. Mr. Melvin Dinner, counsel to the BIC, and Lory Stephens, Secretary/Treasurer of the BIC, provided the City of Greeley a copy of your letter, dated August 1, 2011, and later delivered attachments. As the current owner of the 240 shares of stock discussed in your letter, the City of Greeley wanted to respond to your letter to address Aggregate Industries' temporary use of the Boyd Irrigation Company shares. Temporary Use of 240 Shares of Boyd Irrigation Company Shares The shares were conveyed to Greeley subject to CAMAS', now known as Aggregate Industries ("Al"), temporary rights under the Mineral and Surface Lease dated April 17, 1998 with 83 Joint Venture, LLC ( "Lease "), which includes the exclusive rights to use any water or water rights appurtenant to the property including shares in the "Boyd Ditch" owned by the lessor or related parties in connection with the operations of CAMAS. Paragraph 19 of the lease defines the operations of CAMAS as (i) exploration for, extraction by mining, excavation, processing, stockpiling, removal and sale of san41, gravel and related materials, and related operations; (ii) the operation of an aggregate processing plant; (iii) the operation of an asphalt plant; (iv) the operation of a concrete - ready -mix plant, and similar or related industrial uses. The Lease terminates April 17, 2013 and Greeley understands that Aggregate is working on completion of its reclamation obligations as stated in Al's South Platte Combined Replacement Plan dated March 21, 2011 ( "Plan"). As also stated in the Plan, AI is working with the landowner to transition the land back to 83 Joint Venture within the next two years after reclamation is complete. Pursuant to the lease, the 240 Boyd Irrigation Company shares will remain available to AI for use in its Substitute Water Supply Plan for the duration of the lease term for AI's operations on the property. City Attorney's Office • 110010th Street, Suite 401, Greeley, CO 80631 • (970) 350 -9757 Fax (970) 350 -9763 We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost - effective service.