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JAN-29-2002 TUE 08:48 AM WELD CO GOVT FAX NO. 9703520242 P. 03 <br /> extracted shall be solely at the discretion of the County based upon the depth of the <br /> groundwater and the suitability of and demand for the materials to be extracted. <br /> 4. County agrees to improve widen and maintain during mining the access to the public <br /> road to allow for safe ingress and egress of trucks. <br /> 5. Owner warrants that he is the owner of the property and the tight to remove soil and <br /> will defend title thereto against all claims. <br /> 6. County agrees to remove and stockpile 6 inches of topsoil in a designated area <br /> approved by Owner for use by the owner. <br /> 7. Owner agrees to be responsible for the reseeding,reclamation,and restoration of the <br /> borrow area at his discretion. <br /> 8. Permits, Books and Records: The County agrees to keep accurate records of all <br /> material removed from said described lands and will, at all reasonable times,make <br /> records available to Owner for his or her inspection. County agrees to obtain, at its <br /> expense, all necessary permits from the Colorado Division of.Minerals and Geology <br /> and the County , <br /> 9, Notices: Any notice or demand by Owner or the County shall be in writing and <br /> forwarded by certified mail to the following address: <br /> Owner: Martin Lind <br /> 305 Teal Court <br /> Windsor, Colorado 80550 <br /> County: Weld County Public Works Department <br /> P.O. Box 758 <br /> Greeley, Colorado 80632 <br /> 10. Non-assignment: This Agreement shall not be assignable without prior written <br /> consent of Colony or Owner, whichever is the non-assigning parry. <br /> 11. Modifications and breach: This Agreement contains the entire agreement and <br /> understanding between the parties to this Agreement and supersedes any other <br /> agreements concerning the subject matter ofthis transaction,whether oral or written. <br /> No modifications, amendment, novation, renewal, or other alteration of or to this <br /> Agreement shall be deemed valid or any force or effect whatsoever,unless mutually <br /> agreed upon in writing by the undersigned parti es. No breach of any term,provision, <br /> or clause of this Agreement shall be deemed waived or excused, unless such waiver <br /> Page 2 of 3 <br />