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~ • ~ ~x~~~rrL <br />AGREEMENT <br />THIS AGREEMENT entered into this~~ay of , / ~ ~~ , 2000, by BOARD <br />OF COUNTY COMMISSIONERS OF KIOWA COUNTY, COLOIi'ADO of P. O. Box 100, <br />Eads, Colorado 81036, hereinafter called and referred to as "County" and CARL V. SCHMIDT <br />and FREDA SCHIvIIDT, Trustees of the Carl V. Schmidt Living Trust dated May 13, 1996 and <br />FREDA SCHIv1IDT and CARL V. SCHNIIDT, Trustees of the Freda Schmidt Living Trust dated <br />May 13, 1996 of 20120 County Road 78, Towner, CO 81071, hereinafter called and referred to <br />as "Trustees", <br />That for and in consideration of the following acts, covenants, conditions, doings and <br />things both parties agree to as follows, to-wit: <br />1. That Kiowa County is desirous of creating, maintaining and running a gravel pit <br />located upon lands owned by the aforementioned Trustees which lands are more particularly <br />described as follows, to-wit: <br />The Southwest Quarter of the Southwest Quarter of the Northeast Quarter <br />(SW1/QSW1/4NE1/4) of Section Twenty-six (26), Township Seventeen (17) <br />South, Range Forty-two (42) West of the 6~' P.M., Kiowa County, Colorado. <br />2. That towards those ends, County and Trustees have entered into a written Gravel <br />Mining Lease dated February 29, 2000. <br />3. That part of the terms and requirements for an applicant in applying for a license to <br />mine gravel with the State of Colorado Mined Land Board involve an agreement between the <br />County, as applicant, and any person having an interest in a structure located within two hundred <br />feet (200') of the aforementioned affected land. <br />4. That Trustees own the aforementioned real property and located thereon, within <br />two hundred feet (200') of the affected land is a barbed-wire fence twelve feet (12') from the <br />southern boundary of said proposed gravel pit. <br />5. That County expressly agrees to provide to said Trustees compensation for any <br />damages to said fence during the term of said proposed gravel lease and that the within <br />Agreement shall be and become binding between both parties during the tenancy of said gravel <br />pit, automatically terminating upon successful closure by County of said gravel pit. <br />6. Further, in order to mine rock, grave! and similar bedding materials, County, by <br />necessity, has created an access road for ingress and egress of the same. Trustees, as landowners, <br />specifically agree and request that said access road be left in an "as is" manner upon the <br />succession and termination of said gravel pit by County. <br />