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NELSON MINE PIT AGREEMENT <br /> This Agreement made this 11 h day of June, 2019 by and between W. Max and Kendal D. <br /> Nelson, hereinafter sometimes referred to as "Owner or Lessor" and the Board of County <br /> Commissioners of Washington County, State of Colorado, hereinafter sometimes referred to <br /> "County" for the consideration as set forth hereinafter: <br /> WHEREAS, Owner currently holds property in the South East Quarter of Section 18 <br /> Township 5 South, Range 55 West; <br /> WHEREAS, the County has determined that the soil materials within this property are <br /> suitable for road resurfacing and maintenance within the immediate area and the County could <br /> utilize these materials to rebuild County roads; <br /> WHEREAS, Owner has agreed to permit the removal subject the conditions as <br /> hereinafter set forth in the interest of public safety and the protection of the County right of way <br /> for the traveling public; <br /> WHEREAS, the term of this Agreement shall commence on June 1 Ith, 2019 and continue <br /> for the mining lifetime of the pit; <br /> WHEREAS, the County has the proper equipment within the Washington County Road <br /> and Bridge Department to excavate the soil; and <br /> WHEREAS, the County has agreed to take any and all precautions to assure that the <br /> property will be restored after any and all extractions according to State of Colorado laws and <br /> regulations and will be reseeded or otherwise restored to the regulatory acceptable conditions as <br /> allowed prior to the soil removal. <br /> NOW THEREFORE, the parties to this agreement covenant and agree as follows: <br /> 1. Washington County shall be allowed to enter upon the property of the Owner to open <br /> a Pit to be known as the "Nelson Pit" and will properly license said pit with the State of <br /> Colorado in carrying out the intent and purpose of this Agreement. <br /> 2. The County shall mine only in the area as set forth upon Exhibit A attached hereto and <br /> incorporated by this reference. In addition, the County shall store top soil for reclamation <br /> purposes and reclaim the property according to state standards at no expense to Owner for any <br /> work, services or reclamation of this property. <br /> 1 <br />