Laserfiche WebLink
storage, recreation, agriculture, a planned unit development and/or other lawful use, including, <br /> but not limited to, Applicant's efforts to obtain a DRMS 112 Reclamation Permit and/or a Weld <br /> County Use by Special Review Permit for its proposed Mining Operation. <br /> 4. Structure Owner agrees to allow Applicant the right to mine to within 25 feet of the centerline of <br /> Structure Owner's 50-foot pipeline Right of Way; that is, the crest the sand and gravel pit <br /> excavation will be allowed to start at the edge of the 50-foot wide Amended Right of Way. <br /> 5. Owner will be allowed to mine the ultimate pit so that the slope of the pit adjacent to the Right of <br /> Way will not be steeper than 0,5: 1 (horizontal: vertical). <br /> 6. Owner will be required to reclaim the slope of the ultimate pit to a final reclaimed slope of 3:1 <br /> (horizontal: vertical) wherever Everist mines within 200 feet of Sinclair's Structure. <br /> 7. Owner will not blast within 200 feet of the Structure Owner's Right of Way and will not drill <br /> within the Structure Owner's Right of Way. <br /> 8. Owner's design of the reclaimed pit slope will be performed by a professional engineer licensed <br /> in the State of Colorado. <br /> 9 This .--'1greemcnt is the entire agreement between paoics, concerning the subject matter hereof and <br /> may not be modified except in writing executed by both parties. <br /> 10. In respect to all covenants, agreements and obligations contained in this Agreement and the <br /> rights and obligations created hereby shall be binding upon and shall inure to the benefit of the <br /> Owner and Structure Owner and their respective successors and assigns, if`any. <br /> 11. This Agreement and its application shall he construed in accordance with the laws of the State <br /> within which the Project is located. Owner and Structure Owner agree that venue for any legal <br /> action regarding, this Agreement shall be the District Court in and for County within which the <br /> Property is located. <br /> 12. Any provision or part of this Agreement held to be void or unenforceable under any applicable <br /> Federal, state, or local law, rule or regulation shall be deemed stricken and all remaining <br /> provisions shall continue to be held valid and binding upon Owner and Structure Owner who <br /> agree that the remaining provisions or parts of this Agreement shall be reformed to replace such <br /> stricken provision or part thereof with a valid and enforceable provision that comes as close as <br /> possible to expressing the intention of the stricken provision. <br /> 13. No other provisions are included as part of this Agreement. <br /> [Remainder of page intentionally left blank] <br /> 3 <br /> So S -Back Agreement between 1-6 Everist,Inc,and Sinclair Pipeline Company <br />