|
INDEMNIFICATION AGREEMENT
<br />~~
<br />THIS AGREEMENT is made and entered into this LZ day of 2006 by
<br />and between Gary Rinderle Construction, Inc., a Colorado Corporation, herei r referred to as
<br />"Rinderle" and Owest ,hereinafter referred to as "Owest".
<br />WHEREAS, Owest currently owns and operates telephone cables along 35 Road in the
<br />SW 1/4 SW 1/4 of Section 17, Township 1 South, Range 2 East, of the Ute Meridian, Mesa,
<br />County, Colorado.
<br />WHEREAS, Rinderle is in the process of converting a Limited Impact (110) Reclamation
<br />Permit to a Regular (112) Reclamation Permit from the Colorado Division of Minerals and Geology
<br />for the purpose of mining, processing and removing sand and gravel (construction and landscape
<br />materials) within 200 feet of the telephone cables owned by Owest. Such mining activity is known
<br />and referred to as UPLAND GRAVEL.
<br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining
<br />permit on Rinderle, indemnifying and holding Owest harmless for any damages that may occur to
<br />its telephone cables and related facilities within said 200 feet, as a result of Rinderle conducting
<br />such mining activities authorized by said mining permit.
<br />NOW THEREFORE, except to the extent caused by the negligence of Owest, its agents,
<br />employees or assigns, Rinderle shall defend, indemnify and hold harmless Owest, its agents,
<br />employees or assigns for any loss, cost or damage to said telephone cables and related facilities,
<br />including, without limitation, reasonable attorneys' fees and court costs, arising from or related to
<br />the exercise of the rights granted under such mining permit. Rinderle shall conduct its activities
<br />in a safe and prudent manner and shall comply with applicable rules and regulations promulgated
<br />by federal, state and county agencies, including, but not limited to reclamation obligations relating
<br />its mining operations.
<br />All of the covenants and agreements set forth in this Indemnification Agreement are
<br />intended to be and shall be construed as covenants (and not conditions) running with the land,
<br />binding upon, inuring to the benefit of and enforceable by Owest, and Owest's successors and
<br />assigns.
<br />IN WITNESS WHEREOF, Rinderle has caused this Agreement to be executed and it shall
<br />become effective as of the day and year first above written.
<br />Gary Rinderle Construction, Inc.,
<br />a Colorado Corpo
<br />B:
<br />ary Rinderle, President
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF COLORADO
<br />)ss.
<br />COUNTY OF MESA )
<br />~f--a
<br />The foregoing instrument was acknowledged before me this /~ -day of
<br />~~-- , 2006 by Gary Rinderle, President of Gary Rinderle Construction, Inc.
<br />Witness my hand and official seal.
<br />LEAH JOHNSON Notary P lic
<br />NOTARY PUBLIC
<br />STATE OF COLORADO (
<br />nnv co,,,mi~i,,,, ~~,~ ~ vmsoos My commission expires: l l I ~ -~ (~~
<br />I hereby waive formal notice requirements and have no objections to the 110 permit conversion to
<br />112c.
<br />Reviewed and Accepte bye
<br />v
<br />'"_ _'
<br />Owe t Dat
<br />
|