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2019-07-22_PERMIT FILE - M2019033
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2019-07-22_PERMIT FILE - M2019033
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Last modified
12/27/2024 11:13:16 AM
Creation date
7/30/2019 12:42:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2019033
IBM Index Class Name
Permit File
Doc Date
7/22/2019
Doc Name
Application
From
Cornerstone Materials
To
DRMS
Email Name
SJM
THM
Media Type
D
Archive
No
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DocuSign Envelope ID:9C45766F-1BFB-410E-A7F9-A70623366AD7 <br /> RIGHT OF ENTRY AGREEMENT <br /> Y THIS RIGHT OF ENTRY AGREEMENT("Agreement")is entered into this day of <br /> J y , 2019 (the "Effective Date"), by and between Blain Klett and Jona Williams, <br /> hereinafter referred to collectively as "Owner," with a business address of 236 S. Yd Street,#404, <br /> Montrose CO 81401 and Cornerstone Materials LLC, a Colorado limited liability company, <br /> hereinafter referred to as "Operator," with a business address of 23625 Uncompahgre Road, <br /> Montrose,CO 81403. <br /> RECITALS <br /> WHEREAS, Owner owns certain real property as more particularly described on Exhibit <br /> A attached hereto and incorporated herein by this reference(the"Property"); <br /> WHEREAS, Operator has acquired or will acquire a permit(s) for the purposes of <br /> excavating and mining rock and related support activities (the "Operations") on and at the <br /> Property; and <br /> WHEREAS, Owner has agreed to provide Operator the right to enter the Property for the <br /> purpose of the Operations on the terms and conditions contained in this Agreement. <br /> AGREEMENT <br /> NOW,THEREFORE, in consideration of$1.00 and full compliance with the covenants <br /> set forth below, Owner and Operator hereby agree as follows: <br /> 1. Grant of Right of Entry. Subject to the terms and conditions contained in this <br /> Agreement, Owner hereby grants unto Operator a non-exclusive right of entry to enter upon the <br /> Property for any and all uses, purposes, and Operations, as relevant to the Operator's permit <br /> applications and requirements including,but not limited to,mining,removal and transporting rock <br /> to and for use in, on, or at Operator's nearby lands and facilities, as needed. Such use shall be <br /> subject to the following restrictions: (i) Operator shall not enter the Property without the prior <br /> approval of Owner; (ii) Operator shall only conduct Operations on the Property in areas approved <br /> by Owner in advance; and(iii) Operator shall not interfere with Owner's use of the Property. <br /> 2. No Conveyance. No title or real property interest other than the right of entry is <br /> being transferred or conveyed by this Agreement. <br /> 3. Pro e . This Agreement is applicable only to that specific Property as described <br /> on the attached Exhibit A. <br /> 4. Term. The term of this Agreement shall commence on the Effective Date and <br /> continue until the earlier of the following: (a) either party provides sixty(60) days' written notice <br /> to the other party of termination of this Agreement; (b) Owner conveys, transfers, assigns or <br /> quitclaims the Property, at its options; (c) Operator ceases to have a valid permit to conduct <br />
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