2016-01-21_PERMIT FILE - M1995007

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i EMPOKARY ALLESS AUKEEiviER f I, Dale Kort, L98L4 Road 8.75, Las Animas, Colorado (owner), do hereby grant Joe Thomeczek, dba Bent County Ready Mix, [as Animas, Colorado, Flabitat Construction L[L, Rocky Ford, Colorado and their agent and :.0 - contractors temporary permission to access the fenced and unfenced portions of my property as noted on the reclamation map (Leased from Harold Kortz) dated February 2013 and date stamped by the Division October 14, LO14. AMEaa i5 conditiui ma on I RomecLek obtaining temper ary accezo� trom Bachol, through a written agreement which a copy of shall be provided to owner before agreement will be executed by owner. Access is to be from CR 8.75 only for the purpose of completing the gravel pit site reclamation at the Thomeczek Gravel Pit under State permit Number, M:L995-007. Reclamation per Colorado Division of Reclamation, Mining and Safety requirements including the co,iditien-, of entenaim, approval letter dated December ly_ LU14_ regnircmentziVT extension Reay ing held on November 18, 2015 and reclamation map dated February 2013 date stamped by the Division on October 14, 2014 and any other requirements of the Division. Said reclamation of land owner's property shall not include removal oT tMe :.tockpilea material below tRe top OT tMe working DencR Which is assumed to be the general grade of the surrounding area of land owner's property. Before the reclamation is cons;dered finished, the fence i� to be removed from land owner's property (south and east sides of leased property noted on map) and moved to the common North/South property line between Joe Thomeczek and land owner's property, repair/replacement Of ai.y fenchig removed to gain access, cleanup of accejs route f, ort, jite to the County Roaa and rebolutim UT any matters including acceptable drainage of the leased property that might arise from said reclamation work. This access is granted for a limited period that shall expire on December 31, 2015, or before based upon reclamation completion, acceptance, approval and release of reclamation liability by the Mvi.,ion of Reclamation, Mining and Safety in writing. Temporary access will automatically expire regardless of the reclamation status unless otherwise agreed to in writing before the expiration date. I he sole purpose of this agreement is for reclamation of the gravel pit as required in the above referenced Mate permit number and DOES NOT grant access for any personal or public use or for any other purpose. Agreement does not grant access to any other land of owner, known or unknown. This temporary access will be provided on the condition that Joe I homeczek, dba tsent County Ready IGlin and their agents and subcontractors working on the reclamation project agree to provide land owner before work commence a certificate of insurance with Dale Kort named as the certificate holder and as an additional named insured in the minimum amounts of $.L million per occurrence and $L million aggregate before accC»ing tMe property. Access is further granted on the condition that Joe Thomeczek dba Bent County Ready lGlix and their agents and subcontractors agree to indemnify, defend and hold harmless the land owner and their agents from ana againzt any and all lien.,, clairrh, aamage.�, action or cau..)ej OT action and expense of whatsoever kind or nature to which it or they may be subject by reason of their negligence, willful miscm,clact or breach of this agreement. Dale Kortz, Land owner STATE uF COLORADO ) ) SS. Coanty or La Plata ) TRE Toreguing agreement wa3 aC rm-lAgea BEtum me t`lis owner. Witnebs my Rana and official Beal. My Cvmmi.5iun E„Pire.: Notary Public Page 1 1. Bay UT Date 20, By Dale Kart,, Lana � CCPI 'r- JAN �1 MU16 DlVjs/SOF KED MINS GNU — Wrtolv- ��Ft: