2023-01-05_REVISION - M1987171 - Laserfiche WebLink

Home Browse Search

November 29,2022 Alan L Lincoln Kiewit Infrastructure Co. 1550 Mike Fahey St Omaha,NE 68102 Subject:Post Closing Mining Permit and Reclamation Plan Obligations—Kiewit Continuing Access Dear Mr.Lincoln, Effective today and pursuant to the Purchase and Sale Agreement (the "Agreement") between Kiewit Infrastructure Co. ("Kiewit") and Copart, Inc. ("Copart"), Kiewit has sold its 320-acre parcel of land in Fountain,Colorado(the"Land")to Copart. Article 9.29 of the Agreement calls for Kiewit to continue with work to close the existing mining permit and complete all performance of reclamation and conduct inspections of the Land. In addition to Kiewit, access will be needed for consultants,subcontractors,and inspectors from the State of Colorado Division of Reclamation,Mining and Safety("DRMS"). Given the above, Kiewit and Copart hereby agree that Kiewit, its consultants, subcontractors, and the DRMS inspectors will have continuing access to the land, as needed, to complete Kiewit's reclamation responsibilities under the mining permit. Kiewit will provide prior notice to Copart, either by email or telephone, of all instances when access is needed and will coordinate with Copart to set a mutually acceptable date and time.The parties will set a prompt date such that Kiewit can advance the process on a timely basis.The term of this continuing access right shall end upon the final approval of the mining permit close-out by DRMS,but in no event shall it continue for more than three years after the date of the closing. Copart will cooperate with Kiewit's efforts to close the mining permit,however,Copart shall not incur any expense related to said close out.This will include,but not be limited to,sharing the Copart development plans and timing of site work on the Land such that Kiewit can report on Copart plans as a part of its submittals to DRMS. Should you have any questions,please feel free to contact me.