Laserfiche WebLink
<br />4f~ • ~.. <br />AGREEMENT <br />THIS AGREEMENT made this Znd day of August, 1988, between the COl1NTY <br />DF MONTROSE, State of Colorado, ("County") and PEABODY COAL COMPANY, 130D South <br />Ya)e, Flagstaff, Ari mna, (•Peahody"), <br />N 1 T N E S S E T H <br />In consideration pf the mutual covenants and payments hereinafter c~n- <br />tained, the parties agree as follows: <br />1.. The County hereby grants to Peabody the right-to use the County <br />road right-of-way as described to 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 />Thfs use is temporary and is pro~eeted to cover the period of time of the mining <br />permit and any renexal thereof, but iri no event shall the closure exceed fifteen <br />Ii5) years. <br />• <br />2. After completion of mining 'and related activities subiect to this <br />Agreement, Peabody shall reconstruct the gravel road with its own equipment, <br />supplies and labor at its expense. This reconstruction shall include, but not <br />be limited to tna engineering and reconstruction of said County road from the <br />bottom of the pit to the finished road surface in accordance with Engineering <br />Standards described in Exhtbit "D'+, attached hereto and tncorparated herein by <br />this reference, the reconstruction shall be completed within a reasonable time <br />a?per the conclusion of all mining and related activities by Peabody affecting <br />this right-of-way. <br />3. Peahody further agrees to wnduet an engineering study to deter- <br />mine a plan and a design for both short and tong term corrective measures to <br />repair approximately Otte-half (}) mile of Montrose County Road AA described in <br />Exhibit "8", attached hereto and incorporated herein by this reference and <br />approximately one-quarter (}) mile of Montrose County Road 26.50 described 1n <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, Peahody 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 casts for said engineering and <br />-reconstruction for the described Montrose County Road AA and 26.5D Road in <br />accordance with this section. Further, Peahody shall construct side ditches <br />along that portion of Road AA described in Exhibit "8" to control runoff water <br />as a short terns corrective measure. Initiation of the tong 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-ray as described in <br />Exhibit "A". Further, this Agreement is expressly conditioned upon Peabody <br />• 4 'd 551L'oN 'out 'm011piD9sSd s~ana u:alsaM -Wd9t~t 9007. '07.'~Ew <br />F.EVLSID JULY 2006 Attachment 2.05.3(3}8-2 <br />