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INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made and entered into this 1~day of January, 2006 by and between Gary <br />Rinderle Construction, Inc., a Colorado Corporation, hereinafter referred to as "Rinderle" and Annetta Baker, <br />hereinafter referred to as "Baker". <br />WHEREAS, Baker currently owns a vacant cold storage building adjacent to the SW 1/4 SW 1/4 of <br />Section 17, 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 structure owned by Baker. 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 Baker harmless for any damages that may occur to said cold storage <br />building within said 200 feet, as a result of Rinderle conducting such mining activities authorized by said <br />mining permit. <br />NOW THEREFORE, except to theextentcausedbythenegligenceof Baker, heragents,employees <br />or assigns, Rinderle shall defend, indemnify and hold harmless Baker, her agents, employees or assigns for <br />any loss, costordamage to said cold storage building, including, without limitation, reasonable attorneys' fees <br />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 Baker, and Baker'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 C ction <br />a Colorado r ' <br />By: <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 this ~ day of January, <br />2006 by Gary Rinderle, President of Gary Rinderle Construction, Inc. <br />_ Witness hand an icial <br />LEAH JOHNSON <br />NO'~ARY PUBLIC <br />STATE OF COLORADO otary P is <br />My earruniew~r s«gwo t 1rr riaooi // <br />My commission expires: ~ ~ I (7 I ~ ~ <br />Reviewed and Accepted by: <br />Annetta Baker (or representative) Date <br />