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BUCRUIZ TEMPURAKY ACCESS AGREEMENT <br />I, RubufT Buuhult-, 8611 C.R. GG, Las Anir�ras, Colorado (owner), du hereby grant Jue ThumCu/_CR, <br />d5a Bent uuunty Ready Mix, Cas Animas, c;uloradu, Flabitat Lunstrautiun LIC, KucRy Ford, uuiuradu <br />and their agents and sub -contractors temporary permission to access the fenced and unfenced, <br />NurTions of my pruperfTy as it pertains to the State permit Number M1995-007. This aucuss will be <br />based un ana reliant of a Kurtz tumpurary access ayreement; (a cupy must 6e provided). iffis <br />access will only 5e tram the KurFz property un LR 8.t5, and uniy tar the purpose of sluping and <br />movement of dirt to the gravel pit site reclamation at the Thomeczek Gravel Pit under State permit <br />Nur r rbar, M1995-007. Reulamatiun per Culuradu Divisiu, r of Rec;lar r ratiun, Minn ry and Safety <br />requirements including the cunditiuns ut extunsiun approval letter dated DeuemBer 19; 2ui 4; <br />requirements of extension hearing held on November 18, 2015 and reclamation map dated February <br />2013, date stamped by the Division on October 14, 2014 and any other requirements of the Division. <br />Said rec;lamatiun of land owner's prupe ty shall nut inulade removal of the material below the top of <br />the wurRing bench whiun is assur ned to be the ye, rar al yradc of the sarruanding area at land uwner's <br />properffy. i here will also 6e caretal attention not to damage, remove or devastate cuttonwuod, elm or <br />poplar trees as well as non -noxious vegetation on this property that may or may not be in the area of <br />sloping and beyond; without a discussion of verbal agreement made during this work period. <br />i his acuess is yranted for a limited Nei iud whioh will expire ur r Deucmou► 15, tui 5, or 6cture then <br />based upon diff work reclamatiun cumpletion, ar auuuptanue, approval and release ut reclamation <br />liability by the Division of Reclamation, Mining and Safety in writing OR land owner may terminate this <br />temporary access agreement at anytime. Temporary access will automatically expire regardless of <br />the reulamatiun statas ur less utherwise ayreed to in writing befure the expiratiun data. <br />He sine purpose at this agreement is tui dirt wurR ruclarnation at the gravel pit as required in the <br />above referenced State permit number and DOES NOT grant access for any personal or public use <br />or for any other purpose. Agreement does not grant access to any other land of owner, known or <br />unkr Town. <br />I his tempurary access is pruvided on the uunditiun tnat Jue I hurneuceR, d5a Bunt uounty Ready <br />Mix and their agents and subcontractors working on the reclamation project agree to provide land <br />owner before work commences a certificate of insurance with Robert Bucholz as the certificate holder <br />and as an additional named insured in the minimum amounts of $1 milliurr per ouuuranue and $2 <br />rnilliun ayyreyate before auue55iny the Nroperffy. Auuuss is fuFfher granted un the condition that jut: <br />humeczeR, d5a Bunt uoanty Ready IDlix, and their agents su6cuntrauturs agree to indemnity; <br />defend and hold harmless the land owner and their agents trom and against any and all liens, claims, <br />damages, actions or causes of action and expense of whatsoever kind or nature to which it or they <br />may be subject by reason of his negligence, willful misconduct or breach of this ayreemer it. <br />