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;, <br /> <br />THIS AGREEMENT is entered into by the LJELD COUNTY, COLORADO BOARD OF <br />COMMISSIONERS, ("COUNTY") and ANDESITE ROCK COMPANY, ("ARC"), a <br />Colorado corporation with its principal place of business in Sioux <br />Falls, South Dakota. <br />In consideration of the mutual promises and Agreement of the parties <br />and subject to the following terms and conditions, the parties agree <br />as follows: <br />1. The term of this Agreement is for one (1) year commencing <br />March 1, 1989. The parties shall, prior to March 1, 1990, agree to <br />renew this Agreement and subsequently on a yearly basis, subject to <br />both parties agreeing to any material changes that might occur ilu~;; <br />time to time. <br />2. ARC wi71 provide for the duration of any material haulage <br />from its Carr, Colorado operation: <br />a. Adequate maintenance on the roadways noted as "west-bound <br />haul route" on drawing €1 attached. <br />b. Adequate dust suppression measures on the entire route. <br />c. Application of an approved calcium-chloride solution 50u <br />feet on either side of the residences noted on drawing #1. <br />d. A one-time intersection improvement of roads #17 and #124 as <br />detailed on drawing #2 attached. <br />e. Stop signs also as noted on drawing #2. <br />f. A "before" and "after" inspection of the roadways for the <br />purpose of establishing actual conditions. <br />3. The COUNTY will provide: <br />a. Full recommendation of the proposed plan to the t•leld <br />County Commissioners as outlined in Permit No. USR-840. <br />b. AT1 permits required far roadwork improvements and sop <br />signs. <br />c. A "before" and "after" inspection of the roadways for <br />the purpose of establishing actual conditions. <br />4. ARC agrees to hold the COUNTY harmless from any damage which <br />may occur as a result of the operation which is the subject of this <br />Agreement. <br />5. By enterir.o into this AGREEMENT, the parties do not intend, <br />' either expressly or implicitly, to create a joint venture or partner- <br />ship. Except as provided herein, neither party shall have the right <br />89')209 <br />