2021-02-24_PERMIT FILE - M2020058

Home Browse Search

DocuSign Envelope ID.4B042206-253D-4135-B4E6-82A6AA280D81 GRANT OF LICENSE Aggregate Industries-WCR,Inc. THIS GRANT OF LICENSE ("Grant") is given this 1 st day of December , 2020 ("Effective Date"), by the CITY OF WESTMINSTER, a Colorado home rule municipality ("City"), whose address is 4800 West 92❑d Avenue,Westminster,CO 80031 to AGGREGATE INDUSTRIES-WCR,INC.("Licensee"), whose address is 1687 Cole Blvd., Suite 300, Golden, CO 80401. The parties hereby covenant and agree as follows: 1. License Property. The "License Property" shall mean the real property owned by City, more particularly described on Exhibit A, attached hereto and incorporated herein and shown on Exhibit B, attached hereto and incorporated herein. 2. Grant of License. City hereby grants to Licensee a license("License")on,over,under,through and across the License Property for the purpose of: • Establishing survey control and placing targets for aerial photography and mapping; • Drilling or excavating geotechnical exploration holes to log existing soils and geology and to obtain soil samples for laboratory testing; • Performing utility locate activities; • Making field observations and take photographs for environmental evaluation; • Mining aggregate materials from the License Property and reclamation of mined areas consistent with the proposed and revised reclamation plans described in the Colorado Division of Reclamation, Mining and Safety (DRMS)Baurer Pit Regular 112 Reclamation Permit Application and shown on Exhibit C, attached hereto and incorporated herein; and • Installing, operating and maintaining a conveyor system to transport across the License Property mined material, including, sand and gravel from locations other than the License Property. The License Property shall be used for no other purpose by Licensee. 3. Term. The term of this Grant shall begin on the Effective Date and end on June 30, 2022. If after notice to Licensee by City of any alleged breach of this Agreement and an opportunity to cure such alleged breach,Licensee remains in breach of this agreement,City may terminate this License upon ninety(90)days prior written notice. 4. Liability. City assumes no liability associated with Licensee's use of the License Property. Licensee shall defend, indemnify and hold harmless City, its council, officials, officers, directors, agents and employees from any and all claims,demands,suits,actions or proceedings of any kind or nature whatsoever, including workers' compensation claims, in any way resulting from or arising from this Grant or the Licensee's DRMS permit. 5. Insurance. Licensee shall procure and continuously maintain at its own expense the minimum insurance coverages listed below,with forms and insurers acceptable to City.In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. • Commercial General Liability Insurance with combined single limit of not less than$1,000,000 per occurrence and$2,000,000 in aggregate.This policy must include Contractor Liability;Products and