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%cNVEFi OFFICE III,IIIIIIIIIIIIlII Received
<br />PUBLIC FILE COPY ~ 999 a
<br />FILE: u~-Si -oio FEB 02 1998
<br />GN- ~~ GRAVEL MINING AGREEMENT
<br />SITE: ~,~o p`A ~~ ~~ Durango Frefd once
<br />Division of M;nsrals 8 Goof
<br />This Gravel Mining Agreement is made and entered into this 7-E/. day of January, o8Y
<br />1998, by and between Mario Zadra, of Norwood, Colorado, referred to herein as "the
<br />landowner," and San Miguel County, Colorado, acting by and through its Board of County
<br />Commissioners, referred to herein as "the County", who state and agree as follows: (4f .- 8 q - 0 30
<br />I . The landowner, as the owner of record of that parcel of real property located in the
<br />NW I/4, Section 32, T43N, R12W, NMPM, San ivfiguel County, Colorado including all
<br />gravel deposits located within the subject parcel, hereby grants and sells to the County an
<br />exclusive irrevocable license to mine, process, and remove all gravel located within the subject
<br />parcel, in consideration for which the County agrees to compensate the landowner at the price
<br />of $.50 (fifty cents) per cubic yard, for each cubic yazd of gravel mined from the subject
<br />parcel. Corrtpensation shall be paid on a calendar year basis, with payment to be made on or
<br />before January 31st of the following year. There is no minimum or maximum amount of
<br />gravel to be mined, processed and removed by the County during the term of this Agreement,
<br />which shall be irrevocable for five years from the date of this Agreement, subject to the right
<br />to renew this Agreement for an additional five year term by mutual written agreement of the
<br />parties.
<br />2. The landowner hereby grants to the County an unrestricted, exclusive, access easement
<br />across his p:roperry adjacent to the subject parcel for the purpose of obtaining access to the
<br />gravel depot>its located within the parcel, including the mining, processing, and removal of
<br />such gravel deposits. The County's right to process the gravel mined within the subject
<br />parcel shall include crushing, screening, asphalt berthing, and stockpiling of mined materials.
<br />3. The County's gravel mining operations within [he subject parcel shall be limited to that
<br />specific area for which the County has obtained the required mined land reclamation permit(s)
<br />from the Colorado Division of Minerals and Geology (DMG), as such permit(s) may be
<br />amended from time to time. It is specifically agreed and understood that the County's current
<br />DMG permit for the subject pazcel is limited to ten acres. However, the County is in the
<br />process of applying for a DMG permit which would, if and when granted, allow the County to
<br />mine an additional forty acres, for a total mined area of fifty acres within the subject parcel, aQs
<br />described on the pending application. Should the DMG approve the County's pending LLI
<br />application and grant a mined land reclamation permit for such an expanded operation, the >
<br />County's active operations shall not exceed a total of fifteen acres, comprised of ten acres ofV
<br />active mining; and five acres of reclamation operations. li!
<br />4. The I;tndowner does hereby release and hold harmless the County from any and all
<br />claims, liabilities, injuries, damages, and judgments, be they for personal injury or property
<br />damage, azisi.ng out of or proximately caused by the County's activities pursuant to this
<br />Agreement within the subject pazcel, or due to the presence of County employees on the
<br />subject parcel, unless such activities are wanton or wilful. The County does hereby release
<br />and hold harness the landowner from any and all claims, liabilities, injuries, damages, and
<br />judgments, be: they for personal injury or property damage, arising out of or proximately
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