Laserfiche WebLink
4 <br /> AGREEMENT <br /> This Agreement is made and entered into this .3014- day of vCe , 20/G ,in order to <br /> memorialize the terms of assurances between Poudre Valley REA, PO Box 272550, Fort Collins, CO <br /> 80527-2550 and Arkin's Park Stone, Corporation,5975 North County Road 27, Loveland,CO 80538. <br /> RECITALS <br /> WHEREAS, Reclamation has made application to the Colorado Mined Land Reclamation Board to <br /> extract construction materials from a tract of land located on County Road 27, 1%: miles north of Hwy <br /> 34, Larimer County, Colorado;and <br /> WHEREAS, Poudre Valley REA is the owner of one(1) power line ("structure") situated within <br /> 200 feet of the affected mining area;and <br /> WHEREAS,the parties desire to enter into an agreement regarding Reclamation's obligations <br /> concerning any damage to the Poudre Valley REA structure that is a direct result from Reclamation's <br /> mining operation. <br /> NOW THEREFORE in consideration of the foregoing premises, and of the mutual covenants <br /> herein contained, it is agreed by and among all parties as follows: <br /> 1. Poudre Valley REA acknowledges they are the owner of a structure within 200 feet of the mining <br /> area and are aware of the reclamation of the landfill and they do not have any issues with the <br /> reclamation and/or mining permit. <br /> 2. Pursuant to C.R.S. 34-32-115 (4)(d), Reclamation, as Operator of the mining permit, shall <br /> compensate Poudre Valley REA for any damage caused to Poudre Valley REA's structure located <br /> within 200 feet of the affected mining area that is directly caused by Operator's mining <br /> operation. Notice of any damage shall be provided to Reclamation as provided herein. <br /> 3. All notices, consents or other instruments or communications provided for under this <br /> Agreement shall be in writing, signed by the party giving the same with a detailed description of <br /> any damage claimed and approximate date of occurrence,and shall be deemed properly given <br /> and received: (a)when actually delivered and received personally, by messenger service,or by <br /> fax delivery; (b)on the next business day after deposit for delivery in an overnight courier <br /> service such as Federal Express;or(c)3 business days after deposit in the United States mail, by <br /> certified mail with return receipt requested. All such notices of other instruments shall be <br /> transmitted with delivery or postage charges prepaid,addressed to the party at the address <br /> below for that party or to such other address as such party may designate by written notice to <br /> the other party: <br /> If to Reclamation: If to Poudre Valley REA: <br /> Arkin's Park Stone,Corporation Poudre Valley REA <br /> 5975 North County Road 27 P.O. Box 272550 <br /> Loveland, CO 80538 Fort Collins, CO 80527-2550 <br />