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INDEMNIFICATION A/GR~EfEMENT <br />THIS AGREEMENT is made and entered into this iQ~' day ofJanuary, 2006 by and between Gary <br />Rinderle Construction, Inc., a Colorado Corporation, hereinafter referred to ac "Rinderle" and Mesa County, <br />State of Colorado, hereinafter referred to as "Mesa County". <br />WHEREAS, Mesa County currently owns right-of-way (Book 885 Page 101) along D 1/4 Road and <br />35 Road (dedicated) which contains road and fence improvements lying in the SW 1/4 SW 114 of Section 17, <br />Township 1 South, Range 2 East, of the 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 road and fence improvements owned by Mesa County. Such mining activity is known and referred to as <br />UPLAND GRAVEL. <br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining permit on <br />Rinderle, indemnifying and holding Mesa County harmless for any damages that may occur to its road and <br />fence improvements within said 200 feet, as a result of Rinderle conducting such mining activities authorized <br />by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of Mesa County, its agents, <br />employees or assigns, Rinderle shall defend, indemnify and hold harmless Mesa County, its agents, <br />employees or assigns for any loss, cost or damage to said road and fence, including, without limitation, <br />reasonable attorneys' fees and court costs, arising from or related to the exercise of the rights granted under <br />such mining permit. Rinderle shall conduct its activities in a safe and prudent manner and shall comply with <br />applicable rules and regulations promulgated by federal, state and county agencies, including, but not limited <br />to reclamation 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 Mesa County, and Mesa County'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 Co n In <br />a Colorado C o <br />By: <br />Gary Rinderle, President <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO <br />)ss. <br />COUNTY OF MESA ) <br />The foregoing instrument was acknowledged before me this ~~day of January, 2006 by Gary <br />Rinderle, President of Gary Rinderle Construction, Inc. <br />LEAH JOHNSON <br />NOTARY PU$LIC <br />STATE OF COLORAD <br />ommission expire: <br />^^~' ~~ ExWrw t vt moos <br />Reviewed and Accepted by: <br />Mesa County Public Works Date <br />