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VI-1 l G1 Gt 5 —(U Q 7 <br /> Received: 04/08/2016 <br /> AGREEMENT <br /> This Agreement made this day of MAI e/ 2016, by and between Bent <br /> County, by and through its Board of County Commissioners (hereinafter "County"), and Dale <br /> Kortz(hereinafter"Kortz") governing the terms and conditions of this Agreement for the access <br /> rights over the Kortz real property, and if necessary, the use of dirt by the County from Kortz <br /> property <br /> WITNESSETH <br /> WHEREAS, Kortz is the owner of certain real property bordering real property acquired <br /> by the County consisting of a gravel pit(See Exhibit A—Legal Description); and <br /> WHEREAS, the gravel pit requires reclamation which cannot be completed without an <br /> agreement for access rights over and upon bordering parcels of land; and <br /> WHEREAS, the parties agree that the gravel pit shall be reduced in size to the point no <br /> augmentation water is required through the use of dirt from the site; and <br /> WHEREAS,Kortz agrees to allow the County and/or any agents of the County temporary <br /> access over their real property for purposes of completing reclamation and reducing the size of <br /> the gravel pit; and <br /> WHEREAS, Kortz agrees that the County shall have the right to take and use the <br /> overburden stockpile dirt from Kortz property to complete the reclamation and size reduction of <br /> the gravel pit; and <br /> WHEREAS, the County agrees to provide a second right of refusal for the purchase of <br /> the gravel pit, once reclamation has been satisfactorily completed; and <br /> WHEREAS,as consideration for this Agreement, the County shall construct a new fence <br /> on the North side of said real property as close to the property line as possible which is the <br /> section line between Sections 5 and 8; and <br /> WHEREAS, the County has determined that this Agreement shall serve lawful purposes <br /> of Bent County, <br /> NOW THEREFORE, IN CONSIDERATION of the benefits and obligations contained <br /> herein, and subject to the terms and conditions as are hereinafter set forth, the parties agree as <br /> follows: <br /> 1. The County and/or the County's agents shall have the temporary right to access over and <br /> upon the Kortz property for purposes of reclamation and reducing the size of the gravel <br /> pit. <br /> 2. It is not anticipated that additional fill dirt other than the existing overburden stockpile <br /> will be necessary to complete reclamation and eliminate the need for augmentation. If <br /> 1 <br />