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INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made and entered into this~~ay of 2002 <br />by and between Rudolph Fontanari, dba WESTERN SLOPE FLAGSTONE, a s proprietorship, <br />hereinafter referred to as "Fontanari' and Mesa County, State of Colorado, hereinafter referred <br />to as "Mesa County". <br />WHEREAS, Mesa County currently maintains right-of-way known as Rapid Creek Road <br />which contains road improvements lying in Section 2, Township 11 South, Range 98 West, of the <br />6th Principal Meridian, Mesa County, Colorado. . <br />WHEREAS, Fontanari is in the process of obtaining a mining permit from the Colorado <br />Division of Minerals and Geology for the purpose of mining, processing and removing sand and <br />gravel (construction and landscape materials) within 200 feet of the said road improvements <br />owned by Mesa County. Such mining activity is known and referred to as WESTERN SLOPE <br />FLAGSTONE QUARRY NO. 2. <br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining <br />permit on Fontanari, indemnifying and holding Mesa County harmless for any damages that may <br />occur to its road improvements within said 200 feet, as a result of Fontanari conducting such <br />mining activities authorized by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of Mesa County, its <br />agents, employees orassigns, Fontanari shall defend, indemnify and hold harmless Mesa County, <br />its agents, employees or assigns for any loss, cost or damage to said road, including, without <br />limitation, reasonable attorneys' fees and court costs, arising from or related to the exercise of the <br />rights granted under such mining permit. Fontanari shall Conduct its activities in a safe and <br />prudent manner and shall comply with applicable rules and regulations promulgated by federal, <br />state and county agencies, including, but not limited to reclamation obligations relating its mining <br />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 Mesa County, and Mesa County's <br />successors and assigns. <br />IN WITNESS WHEREOF, Fontanari has caused thisAgreement to be executed and it shall <br />become effective as of the day and year first above written. <br />Western Slope Flagstone, <br />a sole proprietorship <br />By udol~n~`r~ <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO ) <br />)ss. <br />COUNTY OF MESA ) <br />The foregoing instrument was acknowledged before me this Zq~' day of <br />~, 2002 by Rudolph Fontanari, sole proprietor of Westem Slope Flagstone. <br />Witness my hand and official seal. <br />E; <br />Notary Public - 'e"s~: ~ ;- ; ^- <br />My commission expires: I Z-l~ -03 0,. „o~ <br />uu,,,M~ <br />Reviewed and Accepted by: <br />sa County, Deve o~ent Engineer <br />~Y~~ 0~ <br />Date <br />