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STRUCTURREE AGREEMENT
<br /> THIS AGREEMENT is made and entered into this"day of 2021, by and between the County of
<br /> Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners,
<br /> ("County")and C&H Aggregates, LLC,hereinafter referred to as"Operator".
<br /> WHEREAS, Operator is doing a Succession of Operator for Permit # M-1980-121 from the Colorado Division of
<br /> Reclamation and Mine Safety(DRMS)for a mining pit generally located on the following property:
<br /> The northeast corner of the intersection of CR 94 and CR 37 described as a portion of the SW1/4 of Section
<br /> 07,T8N,R65W,of the Sixth P.M.
<br /> Also known as: Pierce Gravel Pit
<br /> (the"Property"),and
<br /> WHEREAS,Operator's DRMS permit require it to enter into a structure agreement with all owners of structures within
<br /> 200 feet of the DRMS permit boundary,and
<br /> WHEREAS,County owns certain structure(s)within 200 feet of the permit boundary,as follows:
<br /> County Road 94;
<br /> County Road 37:
<br /> Culvert CR94/37A:and
<br /> Culvert CR 37/94A
<br /> (the"Structure(s)").
<br /> NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the Parties hereto agree
<br /> as follows:
<br /> 1. Exhibits.The following exhibits are incorporated herein:
<br /> Exhibit A, General Vicinity Map
<br /> Exhibit B,Slope Study—Not Applicable
<br /> Exhibit C,Access Permit(Required)
<br /> Exhibit D, Right-of-Way(ROW)Permit(If Applicable)
<br /> Exhibit E, Special Transport Permit(If Applicable)
<br /> Exhibit F, Road Maintenance Agreement(If Applicable)
<br /> 2. No County Obligation.Operator agrees that County shall have no obligation to comply with the DRMS Permit
<br /> or otherwise assist,contribute to,or perform any work required by said permit. Nothing herein shall have any bearing
<br /> on Weld County's issuance or non-issuance of any permit,license,or other authorization.
<br /> 3. Effective Date.This Agreement shall be effective upon mutual execution by all undersigned Parties and shall
<br /> be enforceable for as long as the DRMS Permit is active,including through any require period of remediation.
<br /> 4. Independent Contractor. Operator agrees that it is an independent contractor and that its officers, agents or
<br /> employees will not become employees of County, nor entitled to any employee benefits from County as a result of the
<br /> execution of this Agreement.Operator shall be solely responsible for its acts and those of its agents and employees for
<br /> all acts performed pursuant to this Agreement. Operator, its employees and agents are not entitled to unemployment
<br /> insurance or workers'compensation benefits through County.Operator shall not have authorization,express or implied,
<br /> to bind County to any agreement, liability or understanding,except as expressly set forth in this Agreement.
<br /> 5. Indemnification. Operator shall defend, indemnify and hold harmless County, its officers, agents, and
<br /> employees,from and against injury, loss damage,liability,suits,actions,or claims of any type or character arising out
<br /> of any work done in fulfillment of the terms of the DRMS Permit.This paragraph shall survive expiration or termination
<br /> hereof. It is agreed that the Operator will be responsible for primary loss investigation, defense and judgment costs
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