HomeMy WebLinkAbout1.03 BOCC Staff Report 09.08.2008 - Exhibits O - BBSPECIAL USE PERMIT BOND
Resolution No. 97-70
Timber Harvest at Teepee CR Ranch Property
Bond No.: FS 3 42 22 81
EXHIBIT
1
KNOW ALL ME BY THESE PRESENTS, That the Undersigned INTERMOUNTAIN RANCHES, LLC
as Principal, and Great American Insurance Company, as
Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE
DEPT., Colorado as Obligee in the penal sum of ONE HUNDRED THOUSAND AND No/l.00
for the
payment of which, well and truly to be made the said Principal and the said Surety, bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS„ the Principal now has or will be granted a Special Use Permit for natural
resource extractions (commercial logging operation); and
WHEREAS, said Special Use Permit requires Principal to provide a road bond to ensure
the repair of damage attributable to Principal's logging activities on CR 320 and/or CR
317.
NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above
terms of the permit, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent
liability by giving (30) days notice in writing to both the Principal and Obligee.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and
seals on the dates set forth below.
Date: OCTOBER 1 , 1999
Great American Insuran Company Date: OCTOBER 1, 1999
Surety
I3y: ,may j ,4
Ma�garelHuffman
RECEIVED [?rT 9 3 1999
GET ANERlCAN INSURANCE COMPANY'
580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369.5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than No. 0 13678
SIX POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and a]1 bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
ROBERT A. BALLIN
RAY PAIEMENT
MARGARET HUFFMAN
LARRY C. BUCK
STEVEN J. HANSON
BEVERLEY VERBANIC
ALL OF
EUGENE, OREGON
ALL
UNL IMITED
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents in be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 2nd day of February , 1999
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF 01110, COUNTY OF
On this 2nd
known, being duly sworn, deposes
American Insurance Company, the
by authority of his office under the
HAMILTON — ss:
day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me
and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOL VED: That the Division President, rhe several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be
and hereby is authorized, from time to time, to appoint one or more A ttorneys-1 n -Fact to execute an behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; w prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of rhe Company may be affixed by facsimile to any power of attorney or certificate of either given for rhe execution of any bond,
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and rhe original seal oldie Company, to be valid and binding upon the Company with rhe
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and arc now in full force and effect.
Signed and sealed this / day of
F
RECEIVED 1 7 2901
SPECIAL USE PERMIT BOND
Resolution No. 97-70
Timber Harvest at Teepee CR Ranch Property
Bond No.: FS 4 55 03 80
EXHIBIT
KNOW ALL MEN BY THESE PRESENTS, That the Undersigned Intermountain
Resources, LLC as Principal, and Great American Insurance Company , as
Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE
DEPT., Colorado as Obligee in the penal sura of Seventy-five Thousand and No/100
($75,000.00) for the payment of which, well and truly to be made the said Principal
and the said Surety, bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal now has or will be granted a Special Use Permit for natural
resource extractions (commercial logging operation); and
WHEREAS, said Special Use Permit requires Principal to provide a road bond in lieu of
road paving on CR317.
NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above
terms of the permit, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent
liability by giving (30) days notice in writing to both the Principal and Obligee.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and
seals on the dates set forth below.
Great American Insurance Company
Surety
By: / LYZet>7
Margaret Human .7
Date: OCTOBER 15 , 2001
Date: OCTOBER 15, 2001
GREATANERIC- N INSURANCE (OMPANYr
580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000. FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than No. 0 13936
FIVE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Address Limit of Power
ALL OF ALL
EUGENE, UNLIMITED
OREGON
Name
ROBERT A. BALLIN LARRY C. BUCK
MARGARET HUFFMAN STEVEN J. HANSON
BEVERLEY VERBANIC
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WiTNESS WH EREOFthe GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 14th day of March 2000
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON — ss:
On this 14th day of March, 2000 , before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American insurance Company, the Company described in and which executed the above instrument: that he knows the seal; that it was so affixed
by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be
and hereby is 2uthori7.ed, from rimer° time, to appoint one or more Attorneys-ln-Fac[ to execute nn behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: Thar the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
1, RONALD C. HA YES, Assistant Secretary of Great American insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and arc now in full force and effect.
day of
Signed and scaled this
S It129S t L 197)
SPECIAL USE PERMIT BOND
Resolution No. 97-70
Timber Harvest at Teepee CR Ranch Property
Bond No..: .Es 4 93 19 62.
KNOW ALL. ME BY THESE PRESENTS, That the Undersigned TEEPEE PARR
RANCH LLC as Principal, and Great American Insurance Company, as
Surety are held and firmly bound unto GARFIELD COUNTY ROAD & BRIDGE
DEPT.., Colorado as Obligee in the penal sum of ONE HUNDRED THOUSAND AND N0/100
for the
payment of which, well and truly to be made the said Principal and the said Surety, bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents_
WHEREAS„ the Principal now has or will be granted a Special Use Permit for natural
resource extractions (commercial logging operation); and
WHEREAS, said Special Use Permit requires Principal to provide a road bond to ensure
the repair of damage attributable to Principal's logging -activities on CR 320 and/or CR.
317.
NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above
terms of'the permit, then this obligation shall be null and void, otherwise to rernain in full
force and effect.
PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent
liability by giving (30) days notice in writing to both the Principal and Obligee-
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and
seals on the dates set forth below..
TEEPEE PARCH RANCH LLC
Great American Insurance Company
Surety
By:
DEBBIE SCHLUCKEBIER, ATTORNEY-IN-FACT
Date: OCTOBER 1, 2006
Date: OCTOBER 1, 2006
GR AI .IERFCAN-
IH5URRHCE COMPt!IICS
Garfield County
Road and Bridge Dept.
8120 Highway 82
Glenwood Spring, CO 81601
NOTICE OF
CANCELLATION
RE: Bond No. 4931982 Dated: October 1, 2006
5350 Treat B4vd . Suite 300
Watrart Creek, CA 94597-7959
Phone (925) 98B-2252
Fax (925) 935-9361
Principal: Teepee Park Ranch LLC
19 Devonwood
San Antonio, TX 78257
Bond Amt. $100,000.00
Notice is hereby given that Great American insurance Company, as Surely, elects to cancel the
above described Bond. executed on behalf of the above named principal in your favor, subject to terms
and conditions. as provided therein
You are hereby notified that termination shall take effect October 1, 2007.
This notice is without prejudice to any rights or defenses already existing under the terms and
conditions of said Bond, or at law, or in equity.
Reason for Cancellation: Property sold to Black Diamond Minerals
Return Premium (if any): $
Signed and Sealed this 18th day of February, 2008
GREAT ANMER1CAN INSURANCE COMPANY
f��ltri-•��. `• C�f�rr.
Patricia A. Clough, Administrative Assistant
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
cc: Ms Peggy Huffman
Ward Insurance Agency, Eugene, OR
xr'
cc: Mr Norman A. Carpenter. cfo James A Beckwith, Atto ey and unselor at Law
7910 Ralston Rd., Suite 7, Arvada, CO 80002 via email: ithamer@aol
Fz c A41 - ! ' G7-�r � b6 ¥ Net
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, September 8, 2008, there were present:
John Martin
Larry McCown
Tresi Haupt
, Commissioner Chairman
, Commissioner
, Commissioner
Don DeFord
Jean Alberico
Ed Green
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.
A RESOLUTION CONCERNED WITH THE RELEASE OF SPECIAL USE PERMIT
BOND FS 4931962 AND SPECIAL USE PERMIT BOND FS 4931963 WITH TEEPEE
PARK RANCH LLC AS PRINCIPAL; AND TERMINATION OF A SPECIAL USE
PERMIT FOR RESOURCE EXTRACTION (TIMBERING) APPROVED BY
RESOLUTION 97-70 AND TERMINATION OF A SPECIAL USE PERMIT FOR
RESOURCE EXTRACTION (TIMBERING) APPROVED BY RESOLUTION 2003-39
FORA PROPERTY GENERALLY KNOWN AS TEPEE PARK RANCH AND OWNED
BY BLACK DIAMOND MINERALS, LLC
Parcel ID's: 2453-061-00-005 AND 2405-261-00-073
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received a request from Teepee Park Ranch LLC to release Special Use Permit Bonds FS 4931962
and FS 4931963 associated with Resolutions 97-70 and 2003-39;
WHEREAS, the referenced bonds were required for land use approvals granted by the Board
of County Commissioners in Resolutions 97-70 and 2003-39 for timbering use that has since ceased
operation on the property more fully described as 5 '/a of the 5 1/2 of Sec 15, T7S, R94W; and Tract
42 in Sections 5, 6, 7 and 8 of T8S, R93W; and Tract 65 in Sections 30 and 31, T7S, R93W of the 6th
PM in the Agricultural / Residential / Rural Density (ARRD) zone district; and
1
WHEREAS, the referenced bonds were replacements of Special Use Permit Bond FS
3422281 dated October 1, 1999 and Special Use Permit Bond FS 4550380 dated October 15, 2001
due to change of ownership of said property; and
WHEREAS, on May 19th, 2008, and June 9th, 2008 the Board of County Commissioners
determined that a review of the condition of the property and haul roads associated with the
timbering operations was necessary in order to consider release ofthe Special Use Permit Bonds; and
WHEREAS, the current property owner did not desire the continuation of the use granted by
Resolution 97-70 and Resolution 2003-39 and said use had ceased operation; and
WHEREAS, the Board of County Commissioners held a public hearing on September 8th,
2008 upon the question of whether to release the bonds and terminate the Special Use Permits, at
which hearing the public and interested persons were given the opportunity to express their opinions
concerning the release of bonds and termination of said special use permits; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
1. That proper posting and public notice was provided as required for the meeting before the Board
of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive or complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard at that
meeting.
3. That for the above stated and other reasons, the release of bonds and termination of the Special
Use Permits related to Resolutions 97-70 and 2003-39 has been determined to be in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That these proceedings have adequately met the requirements of the Garfield County Zoning
Resolution of 1978, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, Special Use Permit Bond FS 4931963 and Special Use Permit Bond FS
4931962 are hereby released and that the Special Use Permits approved for Natural Resource
Extraction (Timbering) by Resolution 97-70 and Resolution 2003-39 are hereby terminated.
2
Dated this day of . A.D. 20
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
, Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
, County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of , A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
3
SPECIAL USE PERMIT BOND
Resolution No. 97-70
Timber Harvest at Teepee CR Ranch Property
Bond No.: F5 4 93 19 63
KNOW ALL MEN BY THESE PRESENTS, That the Undersigned TEEPEE PARK_
RANCH LLC as Principal, and Great American insurance Company , as
Surety are held and firmly bound unto GARFIELI3 COUNTY ROAD & BRIDGE
DEPT., Colorado as Obligee in the penal sum of Seventy-five Thousand and No/100
f$75,000.00) for the payment of which, well and truly to be made the said Principal
and the said Surety, bind themselves, their heirs, executors, administrators, successor's
and assigns, jointly and severally, firmly by these presents_
WHEREAS, the Principal now has or will be granted a Special Use Permit for natural
resource extractions (commercial logging operation); and
WHEREAS, said Special Use Permit requires Principal to provide a road bond in lieu of
road paving on CR320.
NOW, THEREFORE, if the Principal shall faithfully perform its duties under the above
terms of the permit, then this obligation shall be null and void, otherwise to remain in full
force and effect,
PROVIDED, that if the Surety shall so elect, this bond may be canceled as to subsequent
liability by giving (30) days notice in writing to both the Principal and Obligee_
INWITNESS WHEREOF, the Principal and Surety have hereunto set their hands and
seats on the dates set forth below,
TEEPEE PARK RANCH LLC
Date: OCTOBER 15; 2006
Great American Insurance Company Date: OCTOBER 15 2006
Surety
By:
DEBBIE SCHLUCKEBIER, ATTORNEY-IN-FACT
G R EAT1ERIC'AN.
INSURANCE COMPANTES
Garfield County
Road and Bridge Dept.
8120 Highway 82
Glenwood Spring, CO 81601
NOTICE OF
CANCELLATION
RE: Bond No, 4931963 Dated: October 15, 2006
Principal: Teepee Park Ranch LLC
19 Devonwood
San Antonio, TX 78257
Bond Amt. $75,000.00
1350 Treat 1314 , Suite 304
Walnut Creek, CA 94597-7959
Phone (925) 959.2252
Fax (925) 935.9361
Notice is hereby given that Great American Insurance Company, as Surety, elects to cancel the
above described Bond, executed on behalf of the above named principal in your favor, subject to terms
and conditions, as provided therein.
You are hereby notified that termination shall take effect October 15, 2007_
This notice is without prejudice to any rights or defenses already existing under the terms and
conditions of said Bond, or at law, or in equity.
Reason for Cancellation- Property sold to Stack Diamond Minerals
Return Premium (if any): $
Signed and Sealed this 18th day of February, 2008
GREAT AMERICAN INSURANCE COMPANY
Pidra;,_
Patricia A. Clough Administrative Assistant
CERTIFIED MAIL - RETURN RECEIPT REQ UFS TED
cc: Ms. Peggy Huffman
Ward insurance Agency, Eugene, OR
cc: Mr_ Norman A. Carpenter, c/o James A Beckwith, Attorney and Counselor at Law
7910 Ralston Rd_, Suite 7, Arvada, CO 80002 via email: ithameriaol.com
GxEaTANIExrc.N.
INSURANCE COMPANIES
January 12, 2007
Garfield County
Road & Bridge Dept_
8120 Highway 82
Glenwood Springs, CO 81601
Re: License and Permit Bond
Special Use Permit Resolution NO. 9
To Whom It May Concern:
EXHIBIT
S
1354 Treat Blvd., Suite 770
Walnut Creek, CA 4+1597-7959
Phone - (925} 58$-2252
FAX - (S25J 935.9361
Bond number FS 4931963 was been issued to Teepee Park Ranch, LLC to
replace bond number FS 5440380.written for intermountain Resources LLC, both
bonds written through Great American Insurance Company. Since coverage has
never lapsed for this license bond, it is our hope that Notice of Cancellation will
not be necessary to make our bond no. FS 5440380 canceled as of 10/15/2006.
If: this is acceptable, please sign and return a copy of this letter as
acknowledgment. Your assistance would be very much appreciated. Thank you..
Sincerely yours,
Patricia Clough Acknowledged:
Admin. Assistant Garfield County
MEMORANDUM
TO: Board of County Commissioners
FROM: Fred Jarman, Director, Building and Planning Department
RE: Replacement bonds for Teepee Park SUP
DATE: August 6, 2007
I. Background
The Board approved a Special Use Permit (SUP) for Teepee Park Ranch, LLC in
1997 which was memorialized in Resolution 1997-70 for Extraction of natural
Resources for Tucker and Frase Partnership to log an area southwest of the City
of Rifle in Township 7 South, Range 94 west. (Staff has attached the Resolution).
As a condition of approval No. 8, the Board required a bond be submitted prior to
the issuance of the Special Use Permit. The Applicant submitted two bonds for
$100,000 and $75,000 for ensure the repair of damage attributable to principals
logging activities on CR 320 and/ or CR 317 as well as in lieu of paving road CR
317, respectively. (The existing bonds (Great American Insurance Company)
currently held by the County are attached.)
11. Requested Action of the Board of County Commissioners
The Building and Planning Department received a letter from the bond issuer
(Great American Insurance Company) requesting the County acknowledge the
replacement of the two bonds that were originally issued to "intermountain
Resources, LLC" that have now been issued to Teepee Park Ranch, LLC. You
will find the letter and replacement bonds under cover of this memorandum.
G REATAmERJc4J%
!HSURANOE COMPANIES
Garfield County
Road and Bridge Dept.
8120 Highway 82
Glenwood Spring, CO 81601
NOTICE OF
CANC'ELLATION
RE: Bond No. 4931963 dated: October 15, 2006
Principal: Teepee Park Ranch LLC
19 Devonwood
San Antonio, TX 78257
EXHIBIT
I U
1350 Treat Blvd , Suite CO3
Walnut Creek, CA 94597-7959
Phoie (925) 9$8.2252
Fax (925) 935-9351
Bond Amt. $75,000.00
Notice is hereby given that Great American Insurance Company, as Surety, elects to cancel the
above described Bond, executed on behalf of the above named principal in your favor, subject to terms
and conditions, as provided therein.
You are hereby notified that termination shall take effect October 15, 2007..
This notice is without prejudice to any rights or defenses already existing under the terms and
conditions of said Bond, or at law, or in equity.
Reason for Cancellation- Property sold to Black Diamond Minerals
Return Premium (if arty): $
Signed and Sealed this 18th day of February, 2008
GREAT AMERICAN INSURANCE COMPANY
PJer— .12/2/
Patricia A. Clough, Administrative Assistant
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
cc: Ms. Peggy Huffman
Ward Insurance Agency, Eugene, OR
cc: Mr Norman A. Carpenter, do James A Beckwith, Attorney and Counselor at Law
7910 Ralston Rd , Suite 7, Arvada, CO 80002 via email: ithamer@aol corn
MEMO
TO: BOARD OF COUNTY COMMISSIONERS
FROM: MARVIN STEPHENS, ROAD & BRIDGE SUPERVISOR
DATE: May 14, 2008
RE:
Teepee Park Ranch LLC
ACKNOWLEDGMENT OF SATISFACTION AND RELEASE OF
SECURITY
EXHIBIT
V
Teepee Park Ranch LLC has tendered correspondence to the Road and .Bridge
Department requesting that we acknowledge satisfactory performance under; the terms =,
of our road use permit oroverweight.perrnit and further that we release:theirsurety and
bonding company from all obligations provided pursuant to that permit. My department '
has reviewed that permit, any work performed in the county right-of-way pursuant to -the -
terms of that permit, as well as the condition of the roast that may have been subject to .
use by Teepee Park Ranch LLB . It is my opinion that Teepee Park Ranch LLC has
satisfactorily performed all conditions of their permit and that there are no potential
claims that may be asserted by Garfield County against Teepee Park Ranch LLC
under the terms of that permit, It is my opinion that the County Commissioners should
release Great American Insurance Company , the surety company, from the terms
and conditions of bond number FS 4 93 19 63 .
SATISFACTION OF PERMIT AND RELEASE OF SECURITY
WHEREAS, Teepee Park Ranch LLC , obtained a
permit from the Garfield County Road & Bridge Department
authorizing use of a County Road for either overweight vehicles
or the placement of improvements; and
WHEREAS, Teepee Park Ranch LLC
obtained the permission of the Garfield County Road & Bridge
Supervisor for the above -noted activity through the issuance of
a permit; and
WHEREAS, as a condition of issuance of the permit, Teepee
Park Ranch LLC provided security to Garfield County in the form
of a bond number FS 4 93 19 63
NOW, THEREFORE, at the request of Teepee Park Ranch LLC,
Garfield County, through the Board of County Commissioners,.
states as follows:
1. Garfield County acknowledges that the terms and
conditions of the permit issued to Teepee Park Ranch .LLC;
allowing use of the county right-of-way .are..::cvmpletely..
fulfilled.
2. There exists no potential claims against Teepee Park
Ranch LLC and Great American Insurance Company under the terms
and conditions of bond number FS 4 93 19 63
for any of the uses allowed to Teepee Park Ranch LLC
under the terms of the permit referenced above.
3. Garfield County, through the Board of County
Commissioners, hereby releases Great American Insurance
Company from performance of its obligations under bond
number FS 4 93 19 63
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board
By:
Date:
Chairman
Kathy A. Eastley
From: Kathy A. Eastley
Sent: Wednesday, September 03, 2008 4:20 PM
To: Kathy A. Eastley
Subject: FW:
Attachments: 200806141 1 491 0300. pdf
2008081411491030
0.pdf (39 KB)
Original Message
From: Jake Mall
Sent: Thursday, August 14, 2008 11:54 AM
To: Deborah Quinn
Subject: FW:
Debra:
Here is the original copy of the asphalt paving statement. After researching more I did
find that the overlay was 1.5 -inches in depth and went from Cr. 332 for 1.6 miles. We
ended just past the entrance to Rifle Village South or Cr. 357A. This explains why I could
not find the 1.6 miles. This statement was paid by Garfield County with no funds from
Intermountain Logging.
Hope this helps.
Jake B. Mall
Administrative Foreman
Garfield County Road and Bridge Department
970-625-8601 Office
970-618-6194 Cell
Original Message
From: JAKE [mailto:jmall@garfield-county.com]
Sent: Thursday, August 14, 2008 9:49 AM
To: Jake Mall
Subject:
This E-mail was sent from "RNPCB092B" (MP 3500/LD335).
Scan ❑ate: 08.14.2008 11:49:10 (-0400)
Queries to: copy_machine@garfield-county.com
1
1074 Com. RD, 311, HlFwr Cisme, CO 81647
1 �L ra
rBoard of County COMIEaSSiOrIerSof
Garfield county, Colorado
109 8th Street, Suite 140E
Glasatood Springs, CO 81601
DESCRIPTION
(970 878.0910+ FAX: (970) 878.0916
Invoice
TERMS L DATE 1 I INVOICE1�
Net 15f 1 100283
QTY RATE1
HOT BITUMINOUS PAVMET FOR COUNTY
ROADS 2001
320 ROAD HOT BITUMINOUS PAVEMENT
TACK CAOT
PRIME COAT
320 DRIVEWAYS HOT BITUMINOUS PAVEMENT
T you for your bUainees.
964.14
300
5001
98.32
32.35 37,189.93
0.95 285.00
1.25
625.00
60.00 5,899.20
Total
$31.999.13
Sep 03 ❑S 071 26.a
1014 CTY. Ru. 311, NI:w CASTLE. CO 81647
PROPOSAL
EXHIBIT
(970) 876-0916 • FAX: (970) 976--0918
Submitted To:
Phone: 625-8641 I Date: 9/3/2008
Garfield County Road and Bridge
P.Q. Sax 426
Rifle, CO 81650
Job Name:
Overlay on 1.6 miles of CR 320
{
J
We Propose:
#1) Furnish and install approx. 1952 tons of 1.5" overlay at $128.48 per ton.
#2) Traffic control.
Notes: A) Price is based on current 2008 material costs.
3) Price is for budget information only,
'•J: do- of incf .de shoulde '/+ 'f -■ . d
1 n U •
•
n
is pro
basis. Rates available upon request.
Total:
I wiii be done on a time and material
$250,792.96
$52Z8-49_
$256,051.36
UNLESS OTHERWISE NOTED, THIS 16 A UNIT PRICE PROPOSAL
All of the above work to be completed in a workmanlike manner for the above stated sum.
Important: The terms and conditions stated on page 2 hereof are expressly made a part of this
contract. This proposal shall not become a binding contract unless and until the Acceptance of Proposal and
Confirmation by Contractor on page 2 has been executed. This proposal must be accepted as
provided and delivered to Frontier Paving Inc 20 days from above date or it shall expire.
Accepted Proposal # 28193
Respectfully submitted
Frontier Paving Inc.
Date
By By
Print Name Kale King
Page 1
Job Name:
Sep 03 08 07:27a
1014 CYY. tfu.:371. Nrw Cnsne, CO 81647
PROPOSAL
AL
(970) 8766-0916 • FAX. 070) 876-0918
Submitted To:
Garfield County Road and Bridge
P.O. Box 426
Rifle, CO 81650
Phone: 625-8601
Date: 9/3/2008
Overlay on 2.8 miles of CR 320
We Propose:
#1) Furnish and install approx. 3415 tons of 1.5" overlay at $127.46 per ton. $435275.90
#2) Traffic control. $6.991.20
Total: $442,267.10
Notes: A) Price is based on current 2008 material costs.
B) Price is for budget information only.
i ude fired.
) ray war redoes is no o is pr will be done on a time and material
basis. Rates available upon request
UNLESS OTHERWISE NOTED, TI -HS IS A UNIT PRICE PROPOSAL
All of the above work to be completed in a workmanlike manner for the above stated sutra.
Important The terms and conditions stated an page 2 hereof are express€y made a part of this
contract. This proposal shall not become a binding cantract unless and until the Acceptance of Proposal and
Confirmation by Contractor on page 2 has been executed. This proposal must be accepted as
provided and delivered to Frontier Paving Inc 20 days from above date oritshall expire.
Accepted Proposal # 28194
Date
By
Print Name
Page 1
Respectfully submitted
Frontier Paving Inc.
By
Kale King
Intermountain Resources LLC.
Attn: Christopher Meyers
Dear Sir October 15, 2001
•
Garfield Cour tr
Road and Bridge Department
This letter is to acknowledge the improvements that were made to CR 317 from the
BLM property South to the Forest Service gate.
The work consisted of sub grade and base course application along with drainage
improvements.
At this time, all of the requested improvements have been made and meet the
approval of the Road & Bridge Department.
if you have any questions or concerns, feel free to contact me.
Sincerely,
J
Tom Russell
Director
902 Taughenbaugh Ave, Suite 305,Bax 2
Rifle, Co 81650 Phone: 970-6625-8601 Fax: 970-625-8627
Feb -r0-2003 II•41ar From -IN
0702lQP227
RECEIVED
AUG 2 8 2008
GARFIEL ;
BUILDING & P_ ANN#NG
February 18, 2003
Intermountain Resources, I.LC
P. 0. Box 670
Montrose, Colorado 81402
( lo: -=de State ()nircrsliy
Port C:allinc Colorado $0523-506o
(976) 4914103
R,U (970) 473.7736
Dear Mr. Meyers
I was requested by Mr, Bill Ghcrardi to perform a review of the harvesting and road
construction that is being conducted by your company on the Teepee Park Ranch
property south of Rifle, Colorado. I have prepared the following summary of my
observations made during my visit to the parcel on February 6, 2003 that you have ben
harvesting timber on.
Weaccessed the property via the new road that was constructed by Intarmountaia
Resources. Read design was similar to roads I have observed on other private properties.
The graveled portion of the new mad on the west side of Beaver Creek will provide
additional protection to the drainage thrnugb reduction of sediment movement. Culvert
installations appeased to he adequate for the local ciinditions,
The harvesting I observed was in slimes -fir fort type. All harvested areas I viewed had
slopes Less than 50% and were well suited to conventional ground basad lagging systems
(rubber tired skidticrs and tractors). The selective harvest being conducted should favor
Engelmann Spruce reproduction over sub -alpine fix. Thinning of the si.inda will decrease
their susceptibility to attack from Spruce Bark Boat; Western Balsam Bark Beetle end
improve overall forest health The intern slope has areas with endemic and epidemic
populations of these insects. Sprue Bark Beetles are at epidemic levels in the area of the
Routt Blowdown_ and . of the slash is neces
habitat for these risk reduce the breeding
astrophic crown fire is also so rr educed through
application afihis treatment.
When the harvesting operation is completed for the winter season monitoring of the site
should continue. The drainage structures should be maintained to insure they remain
functional.
dT3e narkeiraking 'a place on this property appy to be well planned and the quality of
Ily,
7o A. Duda
Colorado State Parent Service
Forest Management division Supervisor
Colorado State Forest Service
Lv Th v tJ r res vie• b� gl�
Cv1 e 5
a olarcit� tTi✓ a r o Her aff-F a ►�
lk LL(
AUGUST 6, 2007
PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
AUTHORIZE THE CHAIRMAN TO SIGN THE REQUESTED ACKNOWLEDGEMENT OF
REPLACEMENT OF BONDS FOR SPECIAL USE PERMITS FOR TEEPEE PARK RANCH, LLC
APPROVED VIA RESOLUTION 97-07. - FRED JARMAN
Fred Jarman and Carolyn Dahlgren were present.
Fred Jarman submitted a memorandum that included the background and requested
action of the Board.
The Board approved a Special Use Permit for Teepee Park Ranch, LLC in 1997 which
was memorialized in Resolution 1997-70 for Extraction of natural Resources for Tucker
and Prase Partnership to log an area southwest of the City of Rifle in Township 7 South,
Range 94 west.
As a condition of approval No. 8, the Board required a bond be submitted prior to the
issuance of the Special Use Permit. The applicant submitted two bonds for $100,000 and
$75000 for ensure the repair of damage•: attributable to principals logging activities an
.-.rw::.a-.a�su .-,r. %i�+i.a f� r wa• t - n 's .-yrs +s+,�- `-- 'C -a-- fi�.-
er
as in
Req;etted Aeon: ws V yy.
The^.Building acid Planning Department receiv+r_d a letter frorn the bona issuer, at
American Insur nce Company,, equesting;the County acknowledge the replacer*it of:
the two bonds that were originally issued to Intermountain Resources, LLC that 1 ave rot
been issued to Teepee Park Ranch, LLC::: °"
Fred'submitted the requested draft of thele i Thee bond company is requesting signature
Olt
Carolyn — asked to do more in' stigati6n. Norm Larpenter _is the landowner.
; �
A motion w*s` made b) Commissioner: McCown acid seconded; by Commissiope % 9upt
to transfer the bonding on the `Special=`Use Permit for`TeePafx Ranch LLt'`si; piy as
an administrative practice.
In favor: Houpt — aye McCown — aye Martin - aye
I7 -Fab -2003 Ol:24PN Frog-Kinko's COM rut Ft. Collins, CO
Exh F:1 -
Bill Ghetardi
'2 A 008/D08 F -Bi.
From: Kefy Rogers' }rog rraar.colosteile.e0u}
To: * [SBrhli�rl-CL1irp; 7..;-71tstipwe°86,0-
. rye
Cc: BI: GhQfldl'Iihora+eCorr+�
Sen( Fray. October 26.20014:15 F1.4 . &i et Timber Marking an Teepee Park i, ,
To: Garfield County Comoners
F Kelly Rogers, Colorado Slate Forest Service -, L pe4,0r7 IS .c 65-77W"r=.
Date: October 26, 2001
Re: Timber roadriog oa Teepee Park Property
At the request of Mr_ Hill Gbh of Woodland Management Coreadmats,
I tee ntly inspected a portion of the Teepee Pads property that hes berg
marked far perttial timber harvest. Hill asked me to send you my
impressiorts of the marking job coed to elate_
The arra marked was located in a stand of nixed sprocc-fir timber near
the top of the east drainage of Porcupine Croat Road coustniction to
the proposed harvest area appears to be near completion Trees to be
harvested have been marked whit blue paint at DBH (4.5 foot height) and
at the stump. Mr. Gberarth ileac tlbcd the meriting as an "initial entry
sthelterwood eut", as described in the forret managazirpt plan completed
1 for this property in 1996_
The tmlbcr marking 1 inspected is io line with a sheltcrwood Cut
prescription. This is the most commonly used awing scheme m old
growth sprucc--r stands, and abould work well in this particular
application. It appears that 30-40 percent oldie basal area of the
stand has been =deed for removal in this initial cut. Dead and poorly -
formed trees, as well as trees damaged by fur or wpseeei have been
marked_ It appears that an effort has been made to select subalpine fir
trees (the lass merchantable species) and speru a tree's from all size
classes for =larval, tad to favor the better -formed spruce for retention
as seed trees mretma
this initial entry. The making I examined ins
definitely ,•.7 'I, - di nem are
marked removal &nee
selected. ..• r;
jy
adjacent to roads_
Thetimber marking done so far appears to fallow the prescription
outlined in the approved management plan. &stoning the lagging operation
is closely monitored, I feel this enett will benefit from the proposed
Please call me with questions or commons, or if 1 can be of further
be4p in this matter.
Kelly Rogers
Assistant District Forester
Colorado State Forest Service, thnod Junction District
(970) 24$-7325
10/29/200/
41-
Rifle torn on proposed dulling
By DENNIS WEBB
The Derry Seminar
RIFLE — A Denver-based en-
ergy company says it will take
extra steps to protect a drink-
ing water source for the city
of Rifle when it begins drilling
up Beaver Creek as soon as this
year.
The plans by Black Diamond
Minerals LLC continue to
worry some Rifle City Council
members, despite the council's
approval of a watershed permit
for the project south of town.
"It's got the potential to. be a
huge impact on us if they don't
do it right," council member
Alan Lambert said.
The company initially plans
to drill four wells on the 4,322 -
acre Teepee Park Ranch, which
it purchased. Two would be
from a well pad within the wa-
tershed. The company hopes to
do further drilling on the prop-
erty if initial results warrant
it, said Robert Vincent, Black
Diamond's vice president of
operations.
Beaver Creek is Rifle's oldest
and most pristine water source,
Lambert said.
Only council member Jen-
nifer Sanborn voted against ap-
Lambertts id he felt oe vvatershed bligated
to agree to the permit because
an engineer working for the
city concluded the project
would have only a minor int-
pact on the watershed.
Vincent said Black Diamond
shares the city's desire to pro-
tect the watershed.
"We want to do the things we
can do to make the City Council
comfortable with this project,"
he said.
He said the company didn't
object to any of the engineer's
recommended conditions for
approving the permit. One
condition is to use a closed-loop
system rather than open pits
for handling drilling mud, if
that proves viable at the 9,000 -
foot elevation where drilling
will occur.
Citing spills from drilling pits
into Garden Gulch near Para-
chute over the winter, Lambert
said he wants to see closed-loop
drilling used. Vincent said the
company most likely will use
a closed-loop system, although
he noted the systems require
the use of tanks, which aren't
immune to spills.
Lambert worries about the
possibility of drilling trucks
driving off the road and
spilling fluids into the creek.
Vincent said Black Diamond
is looking at recycling vv tez-
to l duce truck_7frr, ps.. Also, it
has obtained Garfield County
approval to mine shale on the
property for use on roads and
well pads, to eliminate the need
for delivery of gravel by trucks.
The company probably will
use a pipeline to transport
petroleum condensates off the
ranch, rather than using trucks,
Vincent said, That would mean
no oil tanks will be needed on
the property, he said.
Unlike Alan Lambert, Rifle
Mayor Keith Lambert voiced
a fair level of comfort with the
project.
"Not being a water expert,
I have to trust those . who are,
and our water people seem to
be pretty confident that every-
thing is going to be done cor-
rectly," he said.
Terry Broughton lives on
nearby County Road 320 and
has had longtime concerns
about the Teepee Park property,
including the status of access to
national forest lands, and slash
piles that were left over from
logging on the ranch and could
lead to beetle infestations. Now
he worries what drilling -related
activity might do to the domes-
tic water he and neighbors get
from the creek.
"It's my only water. 1 don't
have a well. There's two or three
of us that don't have a well, so it
kind of affects us," he said.
Denver 051228
NOWr
pz•reulSNOW tad YN, That
the ted here Is t -her or^ pur;;,, a.«t to t.b 1:rss hereby
�;�;re�seld , :3tr�::;� ,sr,t.n t;l� �: nit; v I r< < <:`.a-•,? _-• .?dc revel❑ rn
tete said placer training premises, hereinbernr•e descrlbed; ur�v Corporation
TO HAVE AND TO HOLD said minis
immunities, :,r s8 jJr>=i,iis'ea, together wit:1, mil ttie rifts, privileges
1d F.t pk i• ;'~=dabs: E!:pit:,
the Paid ur•r, rsir_+g' n?•._. _r,. .-_ n:+ .,�l to
V Its
. _ ,, . �.!' •• i,:.• Vrei1i7L0 ti9ontigiTtg, unto
heertheiess totheis .i'f'�'"''-:, cu:; u:::;igns forever, subject,
following conditions stipulations;
First. That the gram hereby made is restricted In its exterior lzmitt.s to atha
boundaries ;:; the said r;i-iilag premises, and to any veins or lodes o1 quartz or
other rock in place beuring gold, silver, cinnabar, lead, tin, copper en other
• valuable deposits, which may have been dxscovez'ed within -said limits subsequently
and which were not known to exist on February 23, 1949.
Second. That should any vein or lode.of quartz or other rock in place bears
silver, cinnabar, lead, tin, copper, or other valuablepe or know,
to exist within the above-described premises at said last- amed,date,.theclaimed same ior ts
expressly excepted and'exciuded from these pressnts;
Third. That the premises hereby conveyed shall be held subject to any vested and
accrued water rights for mining, agricultural, manufacturing, or other purposes,
and rights to ditches and reservoirs used in connection with such water.rights as
may be
cayrbe,recognized end acknowledged by the local laws, customs and decisions of the
And there is reserved from the lands hereby granted a right of -ray thereon
for ditches or canals constructed by the authority of the 1nited.States.
Fourth. That in the absence of -necessary legia].a.tion by Cotes the
of Ccloradv 1maY rules `for wor hereby grant
involving easements, drainage, and othergneacessa� �ans t at e�es a hereby opmn _ ,
thereof.s sones to the complete development
IN T1STIUONY WHIR OF, 1, Franklin D. fodSevelt, President of the United States of
Merica, have cauhed these letters to be Made Patent and the Seal of the General
Land Office to be hereunto affixed.
Given under ray hand; at• the City of Washington, the nineteenth day of February,
in the year of our Lord one tharmand nine hundred and forty-five and of the
Independence of the.t;uited States the one hundred and sixty-ninth.
BylpE PRESIDKNT Franklin D. Roosevelt
(IF'-fICIAL
SEAL By Ruth W. Talley, Secretary
B. S. Clinton
of Paten s 'iv _ on, General :nd • fic
Recorded- Patent Number 111949O
FILKD FOR RECORD MAY 27 1 OL a a r u n,
LISA 110.5T-CLASS,DTtiYER
USA
IRST-CLASS WREAK
y
eci
y G° =
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73- il
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{5
VETERANS OF
r
SPECIAL USE PERMIT
Norm Carpenter, Intermountain Resources, LLC
(PICA Tucker/Frase)
In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1979,
as amended, and Resolution No. 97-70 of the Board of County Commissioners of Garfield County,
State of Colorado, hereby authorizes, by Special Use Permit, the following activity:
Natural Resource Extraction - logging
on the tract of land described Resolution No. 97-70 and in Garfield County, Colorado:
The within Special Use Permit is issued subject to the conditions set forth in the above-mentioned
resolution, and shall be valid only during compliance with such conditions and other applicable
provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and
other regulations of the Board of County Commissioners of Garfield County, Colorado.
BOARD OF COUNTY
COMMISSIONERS GARFIELD
COUNTY, COLORADO