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'Y <br />.4 C1 ~.~=.._.1. <br />• THIS AG2EEME:VT made this 2nd day of August, 1989, between the COUNTY <br />OF MONTROSE, Stacy or Colorado, ("County"? any PEABOOY COAL COMPANY, 1300 South <br />Yaie, F~ae<_tafr, .Arizona, ("Peabody"), <br />W i T :V E S S E T :-I <br />in consideration of the mutual covenants and payments hereinar""ter con- <br />tained, the parties agree as follows: <br />1. The County hereby grants *_o Peabody the right to use the County <br />road ridnt-of-way as described in Exhibit "A", attached hereto and incorporated <br />herein by this reference, for mining and related purposes. This use shall <br />include temporary closure and the tearing up and removal of said County road. <br />This use is temporary and is projected to cover the period of time of the mining <br />permit and any renewal thereof, but in no event shall the closure exceed fifteen <br />(~iS) years. <br />2. After completion of mining and related activities subject to this <br />Agreement, Peabody shall reconstruct the gravel road with its own equipment, <br />supplies and labor at its expense. This reconstruction snail include, but not <br />be limited to the engineering and reconstruction of said County road from the <br />bottom or the pit to the finished road surface in accordance with Engineering <br />' Standards described in Exhibit "D", attached 'Hereto and incorporated herein by <br />• r tnis reference. The reconstruction shall be completed within a reasonable time <br />ar"per the conclusion of all mining and related activities by Peabody affecting <br />this right-of-way. <br />3. Peabody further agrees to conduct an engineering study to deter- <br />mine a plan and a design for both_short and long term corrective measures to <br />repair approximately one-half (}) mile of'~~tontrose County Road AA described in <br />Exhibit "3", attached hereto and incorporated herein by this reference and <br />approximately one-quarter (:) mile of Montrose County Road 26.50 described in <br />Exhibit "C", attached hereto and incorporated herein by this reference. Said <br />engineering study shall be completed within one (1) year from the date of this <br />Agreement. After said engineering study is prepared, Peabody shall determine <br />the corrective measures to be taken and notify the County. The County and <br />Peabody shall then agree upon a time schedule and the manner in which the work <br />shall be performed. Peabody shall assume all costs for said engineering and <br />reconstruction for the described fontrose County Road AA and 26.50 Road in <br />accordance with this section. Further, Peabody shall construct side ditches <br />along that portion of Road AA described in Exhibit "8" to control runoff wa*_er <br />as a short term corrective measure. Initiation of the long term corrective <br />measure shall begin on or before September 1, 1989. <br />4. This Agreement is expressly conditioned upon no landowners being <br />landlocked by the closure of the county road right-of-way as described in <br />Exhibit "A". Further, this AgreemenC is expressly conditioned upon Peabody <br />1 <br />