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ACCESS PERMIT <br />Quarry Staging Area <br />OM -3381 <br />THE COLORADO STATE BOARD OF LAND COMMISSIONERS HEREBY grants <br />permission to Castle Concrete Co. P.O. Box 2379 Colorado Springs, CO 80901 hereinafter <br />called the permittee to use, subject to the conditions set forth below, the following described <br />state lands situated in County of Fremont ,State of Colorado, and more particularly <br />described as follows: <br />DESCRIPTION OF LAND SEC TWP RGE <br />NW4 23 17S 68W <br />This permit is issued for the purpose of access to and including a site fog a quarry staging area <br />for Quarry Lease QR 3332. This permit does not relieve the permittee from any obligations <br />under Quarry Lease QR 3332 including but not limited to Paragraph 5, Ancillary Use. <br />Occupancy and use under this permit shall be for a period not to exceed one year after <br />the termination of Quarry Lease QR 3332, beginning upon signing but with an <br />anniversary date of July 17 of each year the permit is in effect. <br />In consideration for this use, the permittee shall pay to the Board of Land Commissioners <br />upon signing, the sum of two-hundred-fifty three Dollars 253.00 ,receipt of which is <br />hereby acknowledged as payment for a prorated portion of the first year's rent in the <br />amount of $233.00 and an application fee in the amount of $20.00 on the date hereof and <br />in further consideration of the permittee's agreement to pay three and no/00 dollars <br />3.00 per acre annually as rental in advance 'of the anniversary date. Charges may be <br />readjusted at the end of each five year term of the permit to place the charges on a basis <br />commensurate with the value of the authorized use. <br />3. This permit is accepted subject to the conditions set forth below: <br />a. No more of the surface of said land shall be disturbed than is absolutely necessary <br />for the purpose for wh~r..h thls permit is issued. <br />b. Clear-cutting of vegetation is not authorized except on the portion of the permit <br />area specifically designated here. <br />c. This permit does not grant exclusive use of the land described, and the permit area <br />shall be available far other surface uses, including livestock grazing, where <br />compatible with operations conducted by the permittee. This permit is subject to <br />all leases now in effect on said land, and the permittee is to cooperate with, and not <br />to interfere with, not prevent the operations of any lessee or other permittee. <br />Cooperation with existing lessees or permittees, will include but not be limited to <br />control of weeds and repair and reclamation of the site during the term of this <br />agreement, and may include cost sharing in weed control for up to one year after <br />this permit is terminated. Said cost sharing will be at the sole discretion of the <br />Board of Land Commissioners. In all cases this permit is subject to any rights-of- <br />way heretofore granted and now in effect. <br />d. The permittee is to provide drainage and erosion control structures, fences, gates, <br />cattleguards, or any other facilities necessary to protect state land. <br />e. Drill holes, excavations, and improvements shall be maintained in a safe condition <br />to prevent injury to persons, livestock and wildlife. <br />f. All operations of the permittee shall be conducted in a workmanlike and reasonable <br />manner, and all necessary precautions shall be taken to avoid any damage to the <br />state land or the property of the lessee. Any damage done to the state's property, <br />native grass or timber, or state-owned improvements, shall be paid for to the state. <br />Damage to private property including fences, crops, irrigation structures, wells, <br />livestock and privately-owned improvements, shall be paid for to the owner <br />thereof. <br />g. To the extent authorized by law, the permittee shall indemnity, save and ;.ald <br />harmless the Board of Land Commissioners, its employees and agents, against any <br />and all claims, damages, liability and court awards including costs, expenses and <br />attorney fees incurred as a result of any act or omission by the permittee, or its <br />employees, agents, subcontractors or assignees pursuant to the terms of this permit. <br />h. This permit does not grant the use of water from said premises, either from <br />flowing streams or from wells. <br />i. No refuse, waste or litter of any kind including but not limited to concrete pads or <br />fragments of concrete structures, tie down cables,.drums or spills of diesel or other <br />fuels, asphalt oils or solvents, shall be left on the land. The permittee shall comply <br />Fage 1 of 2 <br />