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<br />INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made and entered into this ~~ day of October, 2001 by and <br />between Gary Rinderle Construction, Inc., a Colorado Corporation, hereinafter referred to as <br />"Rinderte" and Mesa County, State of Colorado, hereinafter referred to as "Mesa County". <br />WHEREAS, Mesa County currently owns right-of-way (Book 885 Page 101) along D 1/4 <br />Road which contain road and fence improvements lying in the SW 1/4 SW 1/4 of Section 17, <br />Township 1 South, Range 2 East, of the Ute Meridian, Mesa County, Colorado. <br />WHEREAS, Rinderle is in the process of obtaining a mining permit from the Colorado <br />Division of Minerals and Geology for the purpose of mining, processing and removing sand and <br />gravel (construction and landscape materials) within 200 feet of the road and fence improvements <br />owned by Mesa County. Such mining activity is known and referred to as UPLAND GRAVEL. <br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining <br />permit on Rinderle, indemnifying and holding Mesa County harmless for any damages that may <br />occur to its road and fence improvements within said 200 feet, as a result of Rinderle conducting <br />such mining activities authorized by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of Mesa County, its <br />agents, employees or assigns, Rinderie shall defend, indemnrfy and hold harmless Mesa County, <br />its agents, employees or assigns for any loss, cost or damage to said road and fence, including, <br />without limitation, reasonable attorneys' fees and court costs, arising from or related to the <br />exercise of the rights granted under such mining permit. Rinderle shall conduct its activities in a <br />safe and prudent manner and shall comply with applicable rules and regulations promulgated by <br />federal, state and county agencies, incuding, but not limited to reclamation obligations relating <br />its mining operations. <br />All of the covenants and agreements set forth in this Indemnification Agreement are <br />intended to be and shall be construed as covenants (and not conditions) running with the land, <br />binding upon, inuring to the benefit of and enforceable by Mesa County, and Mesa County's <br />successors and assigns. <br />IN WfTNES3 WHEREOF, Rinderle has caused this Agreement to be executed and it shall <br />become effective as of the day and year first above written. <br />Gary Rinderie Construction, Inc., <br />a Colorado Corporation <br />~~/ ~~ i <br />gyp ~ i /'•/ <br />Gary Rinderle, President <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO <br />lss• <br />COUNTY OF MESA <br />RAP <br />The foregoing instrument was acknowledged before me this 3 -day of October, 2001 <br />by Gary Rin rte, President of Gary Rinderle Construction, Inc. <br />~pY Pve~~ <br />O : •. ~+ <br />2: Wetness my;ha and official seal. <br />i LINDA L. <br />RINDERIE .`QO <br />9'••.,• : ••~~ Notary Publi <br />OF Gn~'O <br />My commission expires: ~~ aov,~- <br />Reviewed and Accepted by: <br />_ /D D <br />Mesa County, eve o fl ens t Engineer Date <br />v <br />