Laserfiche WebLink
<br />term of this lease. CENTRAL agrees to indemnify COUNTY against liability on all claims for damages <br />and injuries to third persons or third persons' property claimed to have resulted from the acts or <br />omissions of CENTRAL or its agents or employees in conducting the water storage operation during <br />the term of this lease <br />11. FENCING -COUNTY shall have the right to remove all fencing on the property during the course of <br />the operation. <br />12. USE OF SURFACE BY CENTRAL -CENTRAL may use the surface of the premises during the term <br />of the lease only for the purpose of installing and maintaining the slurry wall and installation, <br />operation, security and maintenance of the storage reservoir. Central agrees that any recreational <br />use on the property or inspections of the property shall not interfere with the mining operations or <br />create a safety hazard for the County or it's agents or employees. This shall not preclude CENTRAL <br />from inspecting the premises to determine compliance with this Lease provided such inspections do <br />not interfere with the operations or create a safety hazartt for COUNTY or its agents or employees . <br />13. SURRENDER -COUNTY shall have the right to surrender this Lease at any point to CENTRAL upon <br />written notice provided that all restoration, other than planting, pursuant to paragraph 6 herein, has <br />been completed in accordance wRh the Mined Land Reclamation Permit. Provided, further, that should <br />the COUNTY have not excavated the pit to 900 of by September 30, 2011 or any extensions taken <br />by Weld County, CENTRAL shall have the rights set forth in paragraph 1 herein. <br />14. NO WAIVER OF IMMUNITY- No portion of this Agreement shall be deemed to constitute a waiver <br />of any immunities the parties or their officers or employees may possess, nor shall any portion of this <br />Agreement be deemed to have created a duty of care which did not previously exist with respect to <br />any person not a party to this Agreement . <br />15. NO THIRD PARTY BENEFICIARY ENFORCEMENT- It is expressly understood and agreed that the <br />enforcement of the terms and conditions of this Agreement, and all rights of action relating to such <br />enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall <br />give or allow any claim or right of action whatsoever by any other person not included in this <br />Agreement. It is the express intention of the undersigned parties that any entity other than the <br />undersigned parties receiving services or benefits under this Agreement shall be an incidental <br />beneficiary only. <br />16. Notice required to be given under this lease shall be accomplished by mailing, certified mail return <br />receipt requested, to the following addresses: <br />COUNTY: <br />Board of County Commissioners <br />P. 0. Box 758 <br />Greeley, CO 80632 <br />Copy by First Class mail to: <br />Weld County Attorney <br />915 Tenth Street, P. 0. Box 1948 <br />Greeley, Co 80832 <br />F:IKIMPCCW C~I(OENIG\CENGRAV. W PD <br />Mining Lease, Page 3 of 5 <br />