2017-01-18_REVISION - M1980049 (3)

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RECEPTION#: 692025, 12/19/2016 at 02:52:53 PM, 4 OF 7, R $0. 00 TERI A. STEPHENSON, DELTA COUNTY, CO CLERK AND RECORDER 2.8 Termination: This Agreement may be terminated by either party upon a breach by the other party which is not cured within 30 days after notice of the details of the breach given to the breaching party. Termination shall also occur if the lands described herein shall at any time fail to have gravel in economically mineable quantities or as referenced in paragraph 2.4. 2.9 County's Obligations Upon Termination: The County, upon termination of this Agreement, shall be obligated to do the following: A. Pay all unpaid gravel royalties within thirty (30) days of the effective date of termination. B. Within one (1) calendar year following the effective date of termination, the County shall: I. Remove all of its machinery and equipment from the lands, unless such timeframe for removal is waived in writing by The Harts 2. Grade the slopes of the excavated area as they abut the non-excavated land so that the side slope ratio is no steeper than 3:1. unless the permitted area is not completely mined out,in which case the working face may be left upon the approval of The Harts to do so; 3. Gravel the bottom of the pit; 4. Spread the stockpiled topsoil as directed by The Harts and the Mined Land Reclamation Board to a minimum of 8 inches; 5. Seed the area for use as dry land pasture with the type of seed and Quantity per acre,recommended for the area by the Soil Conservation Service. III. MISCELLANEOUS 3.1 Permits: The County shall be responsible for obtaining from the appropriate governmental agencies all permits necessary for the operations contemplated under this Agreement. Such permits shall be obtained before any operations, except the paragraph 2.6- access improvements, is commenced. The County shall also be responsible and liable for all MSHA, Federal, State, and County regulations regarding mining and excavation as related to the permitted area. This shall include the conditions of the Montrose County Special Use permit. Any current permits shall be transferred from The Harts to the County. 3.2 Governmental Regulations: The County, in its operations, shall comply with all applicable governmental regulations including, but not limited to, those of the Federal Environmental Protection Agency, Colorado State Regulations relating to noise levels and dust control measures.and in no way permit its operations to become a nuisance,public or private. Page 4 of 7