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#328723 12/12/70 10-00 Rec s.00 BK 635 PO 871
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING AND AUTHORIZING THE EXECUTION
OF THE AGREEMENT AND LEASE OF
THE STORM KING LODE
Resolution NO. 90
WHEREAS, the Board of County commissioners owns a certain
mining claim known as the Storm King Lode; and
WHEREAS, Kurt Edward Keller desires to obtain an Agreement
and Lease regarding the Storm King Lode; and
WHEREAS, the Board of County Commissioners is agreeable to
entering into an Agreement and Lease regarding this parcel with
Kurt Edward Keller, in consideration of his conveyance to the
County of his possessory rights therein, if any.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO:
1 That the Board of County Commissioners approve of the
attached Agreement and Lease between the Board and Kurt Edward
Keller regarding the Storm King Lode.
2. That the Board of County commissioners authorize the
Chairman to execute the attached Agreement and Lease on behalf of
the Board.
INTRODUCED, FIRST READ, AND APPROVED ON THIS 23RD DAY OF
JANUARY, 1990.
PUBLISHED IN THE ASPEN TIMES AFTER FINAL ADOPTION ON THIS
1ST DAY OF FEBRUARY, 1990.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
By:
Jeanette JonesRecorder Bass
�R Pirman
Deputy Clerk Alu Ch
APPROVED AS TO FORM:
Timothy itsitt
Assistant N,_Cshunty Attorney
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APPROVED:
Reid Haughey
County Manager
4326723 12/12/?0 10:00 Rec x.00 PK 635 FG 872
Silvia, Davis, Pitkin Cnty Clerk, Doc x.00
AGREEMENT AND LEASE
THIS AGREEMENT is made and entered into as of this la—day
of January, 1990, by and between the Board of County
Commissioners of Pitkin County, Colorado, ("Board"), a body
corporate and politic and Kurt Edward Yeller ("Keller"), an
individual whose current residence is upon that certain patented
lode mining claim U.S.M.S. Number 9232, Highlands Mining
District, Pitkin County, Colorado, known as the Storm King Lode,
wherein the Board and Keller may be referred to jointly
hereinafter as "the Parties."
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W I T N E S S E T H
WHEREAS, Keller currently resides upon, and has, for a
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period in excess of seven years consecutively has resided upon
the Storm King I,ode Claim, U.S.M.S. Number 9232, Highlands Mining
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District, Pitkin county(referred to hereinafter as "the Storm
King"); and
WHEREAS, the Board is current record owner of the Storm King
by virtue of a Treasurer's Deed to said property, dated November
26, 1951 and recorded at Book 178, Page 143 of the Deed Records
of Pitkin County, Colorado; and
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WHEREAS, Keller wishes to convey to the Board all of his
fright,
title and interest in and to the Storm King Lode in return
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for a lease of that property to him, upon the terms and
conditions set out below,
NOW, THEREFORE, in consideration of the premises and of the
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mutual considerations set out herein below, it is agreed as
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follows:
In consideration of the sum of ten dollars ($10.00) in
hand paid by the Board and of its agreement set out in paragraph
2 hereof, Keller hereby agrees to execute, contemporaneous with
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the execution hereof, a quitclaim deed, conveying to the Board
all of his right, title and interest in and to the Storm King
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Lode.
2. In consideration of the execution of the Quitclaim
referenced in paragraph 1 above, the Board hereby agrees to
permit Keller to remain as its lessee in possession of the Storm
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King Lode under a lease with the Board for a term commencing
immediately upon the execution hereof and expiring September 30,
1990. Keller's tenancy of the premises shall be and is
specifically subject to the following terms and conditions:
a. Keller shall permit no waste or nuisance to exist
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#328723 12/12/90 10:00 Rec $-0 Ell'. 635 FG 873
Silvia Davis, Pitkin Cnty Clerk, Doc x.00
#329900 12/19/90 13:30 Rec $.00 91°; 636 PG 178
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
upon the demised premises.
b. Keller shall continue to permit public access to
all portions of the demised premises (with the exception
that he may restrict access to the existing miner's cabin on
the premises which he currently occupies) for all open space
and public parkland uses,
C. Keller shall not, without prior written consent of
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the Board, undertake any improvement, repair, remodeling,
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extension or alteration of the existing miner's cabin upon
the premises.
d. It is specifically acknowledged between Keller and
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the Board that his tenancy hereunder is not subject to hold
over, extension or renewal in any form, but that he will
vacate the premises immediately and without further notice
upon the expiration of his term on September 30, 1990. In
the event that Keller fails to vacate on or before that
date, it is agreed that he shall immediately be responsible
for rental to the Board in the sum of twenty-five dollars
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($25.00) per day for each day thereafter for the full period
of such unlawful detention.
e. Keller agrees hereby that throughout the term of
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his tenancy hereunder, he shall act as caretaker of the
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Storm King Lode on behalf of the Board ana shall promptly
report to the Board any development or other activities
thereon which conflict with the Board's ownership,
possession and use of those lands as open space.
f. The Board agrees hereby that Keller shall pay no
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rental to the Board for the term of this agreement, but
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shall be permitted to lease and possess the premises in
consideration for his promise herein to act as caretaker for
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the Board and his execution of the referenced Quitclaim.
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3. This written Agreement constitutes the full agreement
and understanding between the Parties with regard to the subject
matter hereof. This Agreement may not be amended or modified
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except by a writing, executed by the Parties.
4. As a part of the consideration offered by Keller to
induce the Board to enter into this Agreement, Keller warrants
and represents to the Board as follows:
a. He has been in continuous, sole and exclusive
possession of the Storm King lode and has been a resident in
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the mining cabin thereon continuously since approximately
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1981.
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b. Keller has not at any time previously sold,
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assigned or conveyed to any party his rights or possessory'.a_�;:
interest in and to the Storm King Lode, whatever those
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#328723
12/12/90 10:00 Pec s.OU BK 635 PG 874
Sily}a
Davis, Pitkin Cnty Clerk:, Doc $-00
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rights might be.
5. This Agreement may not be assigned by either party or
Kelley's interest sublet to any party without prior written
consent of the other party hereto.
6. It is acknowledged and agreed among the Parties that
none of the terms, conditions, representations or recitals oftf".
this agreement constitute a recognition or acquiescence by the
Board to any claim of right or title to the Storm King Lode which
Keller may now have in conflict with the claim of the Board, but
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that the Board is hereby purchasing Keller's claims, regardless
of their validity.
IN WITNESS WHEREOF, the Parties have caused this Agreement
to be executed as of the day and date first set out herein above.
Z'... jBOARD
OF COUNTY COMMISSIONERS
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ATQST: OF PITKIN COUNTY, COLORADO
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KURT EDWARD KELLER
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