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INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made and entered into thisday of January, 2006 by and between Gary <br />Rinderle Construction, Inc., a Colorado Corporation, hereinafter referred to as "Rinderle" and Gene and Leah <br />Johnson, hereinafter referred to as "Johnson". <br />WHEREAS, Johnson currently owns a residence on Lot 6 of Upland Estates Subd. adjacent to the <br />SW 1/4 SW 1/4 of Section 17, Township 1 South, Range 2 East, ofthe Ute Meridian, Mesa, County, Colorado. <br />WHEREAS, Rinderle is in the process of converting a Limited Impact (110) Reclamation permit to <br />a Regular (112) Reclamation Permit from the Colorado Division of Minerals and Geology for the purpose of <br />mining, processing and removing sand and gravel (construction and landscape materials) within 200 feet of <br />the structure owned by Johnson. Such mining activity is known and referred to as UPLAND GRAVEL. <br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining permit on <br />Rinderle, indemnifying and holding Johnson harmless for any damages that may occur to said residence <br />within said 200 feet, as a result of Rinderle conducting such mining activities authorized by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of Johnson, their agents, <br />employees orassigns, Rinderle shall defend, indemnifyand hold harmless Johnson, theiragents, employees <br />orassigns for any foss, cost or damage to said residence, including, without limitation, reasonable attorneys' <br />fees and court costs, arising from or related to the exercise of the rights granted under such mining permit. <br />Rinderle shall conduct its activities in a safe and prudent manner and shall comply with applicable rules and <br />regulations promulgated by federal, state and county agencies, including, but not limited to reclamation <br />obligations relating its mining operations. <br />All of the covenants and agreements set forth in this Indemnification Agreement are intended to be <br />and shall be construed as covenants (and not conditions) running with the land, binding upon, inuring to the <br />benefit of and enforceable by Johnson, and Johnson's successors and assigns. <br />IN WITNESS WHEREOF, Rinderle has caused this Agreement to be executed and it shall become <br />effective as of the day and year first above written. <br />Gary Rinderle r on, <br />a Colorado `~ i <br />ey: <br />ary Rinderle, President <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO ) <br />)ss. <br />COUNTY OF MESA ) <br />The foregoing instrument was acknowledged before me thislY~ day of January, <br />2006 by Gary Rinderle, President of Gary Rinderle Construction, Inc. <br />LEAH JOHNSON <br />NOTARY PUBLIC <br />STATE OF COLORADO <br />My CMMNri1~Ykln Qat11rN ~ t/t (/2009 <br />My commission expires: <br />Witne s y hand offs 'a al. <br />Notary blic <br />I I ~/ 7 ~~q <br />R vi ed a cc ted y: <br />L Johnson Date <br />