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08/12/2007 08:42 FAE 4809918060 <br />001 <br />THE M CIN TYKE LAW OFFICE <br />1220 Fast Divot Drive, Tempe, Arisona 65283 <br />pk 480-226.6729 email: kim®mcinryrelatv.net ~ ~' ~~ ^ _ <br />wtv v.mcin tyrrlacv.nct 7 <br />June 11, 2007 <br />Scott Meader <br />Colorado Stone Quarries, Marble Quarry Foreman <br />VIA FACSIMILC: 970-704-9022 <br />RE: Marble Quarry Dumpiag Repair Agreement <br />Dear Scutt, <br />The following terms and conditions reflect the agreement ruched between [ olyeoi s <br />Colorado Stone Quarry operations in Marble, Colorado ("Quarry") and Steve and Kim <br />Mclnryre ("the Mclntytea'~, concerning the necessary repair work that will be performed on <br />the McIntytes' property to rectify the damage caused by Quarry operations: <br />1. The McIntytes wilt eonseat to allow Quarry and any necessary third party <br />access to the McIntytes' Yule Lode to perform the necessary [[pair work <br />under this agreement including: blasting; clearing debris; [tail maintenance, <br />and, slurry removal, on the Mclnryre property. This consent will be in effect <br />until June 30, 2007; <br />2. The Puties agree chat access to the damaged trail will be closed during the <br />work, but agree that the Vatl must be reopened and usable by Junt 28, 2007; <br />3. Tote work to be performed under this agreement will be puformed entucly at <br />Quarry's risk. Quarry assumes all responsibility for all services performed <br />under this agreement, including services provided by third parties, such as <br />blasting services. <br />4. Quarry assumes all responsibility for public safety during the work. Quarty is <br />solely responsible for curying any necessary public liability insurance, posting <br />any needed signs and installing any necessary barricades to close the damaged <br />portion of the trail; <br />5. Quarry assumes all responsibility For public safety concerning the muble and <br />other Quarry debris remaining on the Mclnryre property aRe[ completion of <br />the work. Quarry is solely responsible for carrying any necessary public <br />liability insurance, posting any needed signs and installing any necessary <br />batticadts to keep people out of the marble pile and quarry debris after <br />completion of ;he work; <br />Z'd ZZ17640LOL6 sai~~enp auolg ope~o7o~ 846 LDOZ OZ unC <br />