Laserfiche WebLink
L <br />A G R E E M E N T <br />j <br />• THIS AGREEMENT is between MEL J, and LUCY J. MARTINEZ, <br />and their assignees, (hereinafter referred to as the "Land- <br />otimers") and CHIMNEY ROCK COAL COMPANY, (hereinafter referred <br />to as the "Mining Company"). <br />The Landowners agree to contract construction services <br />with the Mining Company to excavate and drill a water well <br />for a new house location for the Landowners. The location <br />of the new residence is shown on the attached Exhibit "A". <br />The excavation work for the house site and water well <br />drilling work must be limited to work which can be completed, <br />using the equipment which is employed by the Mining Company <br />in its mining operations. The Mining Company will not be <br />responsible for the renting or leasing of any additional <br />equipment required to excavate for the house site or to drill <br />the water well. The depth of the water well cannot exceed <br />thirty-eight ('38) feet and the Mining Company will only drill <br />the well with its overburden drill used in the mining operations. <br />The Mining Company vrill not provide for any accessories to the <br />well, including but not limited to, casing, pump, pump houses, <br />power line, pipe, etc. The Mining Comp anyvLll m t be responsible <br />for the successfulness of the well to provide water, and will rot <br />bexesponsible to provide water from any Sher source other than <br />• from the water well to be drilled in the area of the new residence <br />location. The Mining Company will not be responsible for payment <br />of any damages resulting from the excavation work for the house <br />site or the water well drilling work. <br />The Landowners fully understand that the Mining Company <br />recommends that the near residence should not be built in the <br />location shown on Exhibit "A", since mining operations will <br />occur about two hundred (200) feet north of the new residence. <br />The mining operations will result in considerable noise and dust <br />from the operation of equipment and could cause a future disturb- <br />~ce problem for the Landowners vrith the new residence being this, <br />close to the mining operation. The Landowners are fully aware of <br />this potential disturbance from the mining operation, and accept <br />the occurrence of any such disturbance and the Landowners agree <br />toiever file a complaint against the Mining Company or take <br />action to cause cessation of mining operations due to such distort <br />ance. The Landowners also free to hold the Mining Company harm- <br />less from the responsibility of payment for any unintentional <br />damage to the new residence caused by flyrock from blasting or <br />any other occurrence caused by the Mining Company in its mining <br />operations. <br />n <br />u <br />