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OG/12/2007 Da:9D PAX 4804916060 <br />002 <br />'~ Mazble Quarry, Trait repair agreement, page 2 of 3 <br />June 11,2007 <br />6. Quarry will indemnify the Mclntytes for any and all liability, loss, of damage <br />the Mclntytes may suffer as a result of claims, demaads, costs, of judgments <br />against the Mcinryres arising in any way out of the wock to be performed <br />under this agreement or arising from the quarry debris located on the <br />McIntyre Property; <br />7. Qvarry will perform all wock entirely at its own expense. if the repair work <br />results in additional damage, Quarry will make all necessary additional <br />repairs, also entirely at its own expense; <br />8. .S ten-foot wide usable [tail tluough the Mclntytes' Yule Lode must be in <br />place by Jvne 28, 2007, which is free of any hidden dangerous condition (e.g. <br />debris or holes creating tripping, slipping or falling hazards), and free of <br />marble blocks and slurry; <br />9. A usable trail on the southeasterly slope of the marble pIle must be <br />reestablished by June 28, 2007 (e.g. installing steps, water bars and <br />switchbacks); <br />10. Any muble or other Quarry debris remaining on the McIntyre Property must <br />be stabilized before the work is considered satisfactory; <br />11. No marble or other Quazry debris resulting from tbis work shall be IeL in the <br />Yule Creek after completion of the urork performed under this agreement. <br />12. The Parties will joiady inspect the area onftine 28, 2007; <br />13. Quarry will notify the McIntyres and the Colorado Division of Reclamation, <br />Mining and Safety in writing of, and implement operational plans for, marble <br />block dumping, slurry containment and snow removal, that will prevent <br />future damage tv the McIntyre Property; <br />14. The McInryres will promptly notify the Colorado Dit~sion of Reclamation, <br />Mining and Safety upon satisfactory completion of the work performed <br />under this agreement. <br />lE there is anything written above that you or Quarry does not agree with, please <br />telephone Steve directly at 480.631-6752 or email Kim (~ri t min lae w net) with your <br />changes. Otherwise, because time is of the essence due to the damaged trail, please signify <br />the Quarry's agreement to these urns by hating the appropriate person sign and date this <br />agreement below and mad the original sigacd agreement back to me within 24 hours. <br />THE M C i N T Y R E LAW OFF 7 C E <br />6'd ZZ0640LOL6 satuuen~ auolg ope~olo~ 846 LOOZ OZ uric <br />