Laserfiche WebLink
INDEMNIFICATtONRGREEMENT <br />THIS AGREEMENT is made and entered into thisZq~'' day of I"nQ-~f , 2002 <br />by and between Rudolph Fontanari, dba WESTERN SLOPE FLAGSTONE, a sole p p ietorship, <br />hereinafter referred to as "Fontanari" and Ute Water Conservancy District, hereinafter referred to <br />as "Ute Water". <br />WHEREAS, Ute Water currently owns property and operates water processing plant and <br />water pipe lines, including above and below ground supporting structures lying in Section 35, /J~ <br />Township 10 South, Range 98 West, ~ , , of l/ <br />the 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 improvements owned <br />by Ute Water. Such mining activity is known and referred to as WESTERN SLOPE FLAGSTONE <br />QUARRY NO. 2. <br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining <br />permit on Fontanari, indemnifying and holding Ute Water harmless for any damages that may <br />occur to its improvements within said 200 feet, as a result of Fontanari conducting such mining <br />activities authorized by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of Ute Water, its <br />agents, employees or assigns, Fontanari shall defend, indemnify and hold harmless Ute Water, <br />its agents, employees or assigns for any loss, cost or damage to said improvements, including, <br />without limitation, reasonable attorneys' fees and court costs, arising from or related to the <br />exercise of the rights granted under such mining permit. Fontanari shall conduct its activities in <br />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 Ute Water, and Ute Water's successors <br />and assigns. <br />IN WITNESS WHEREOF, Fontanari has caused this Agreementto 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 !~ <br />Rudol Fontanari <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO ) <br />)ss. <br />COUNTY OF MESA ) <br />The foregoing instrument was acknowledged before me this Z9~ day of <br />f~, 2002 by Rudolph Fontanari, sole proprietor of Western Slope Flagstone. <br />ti. ~~~ <br />Witness my hand and official seal. ~~Ett,i<itSj''~. r` <br />r~/J ~. .... F',~ ~~ , <br />Notary Public ~ 0~0'°-s.~ ;~ , <br />.~ <br />My commission expires: l2 --1~ --03 oR' ••••••'p y. <br />~ot~ .. <br />Reviewed and Ac pted by: <br />er C~7ons~7e/JJ_rva Distrct Date <br />/SOA-~O~-c-/ <br />