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The City is also interested in insuring that the grading plan be brought up to date each year, show the previous year's reclamation work and the ensuing year's planned excavation and extraction to assure continuing compliance with City approved plans. §34-32-110(4) of the Act provides that the operator shall annually file a notice of intent to continue and a map or statement indicating the land affected during the preceding year, the land to be affected during the coming year, and the land reclaimed during the preceding year. This statutory provision will provide the City with ample ability .to assure that its concerns are adequately addressed. 4. Cor_cern was expressed that a legal description includes some 1200 to 1500 acres versus the area of the mine which is the South Chieftain Mine (less than 10 acres under special permit). Since it is a statutory requirement that a limited impact permit be issued only to those operations covering less than 10 acres, it will be necessary to have Exhibit A corrected to provide for a more precise legal description. Once a legal description is available, it should be carefully analyzed to be sure that less than 10 acres are involved. If it is, ultimately discovered that the operation affects more than 10 acres, Robinson would be required to obtain a standard permit pursuant to the terms of the Act. 5. Details must be forthcoming on access (such as limiting to Alameda). How may the City be assured of a hold harmless approach for accidents involving users of the City's parks. A requirement may be made for a certificate of insurance. Since neither the lease nor the Reclamation Act contain provisions pertaining to access, this matter will have to be negotiated. The on-site inspection indicated that the current access being used is acceptable to the City and if Robinson will agree to maintain that as its exclusive means of access this matter can be resolved rather easily. The City can be assured of a hold harmless approach for accidents by virtue of the indemnification clause referred to above. Colorado law does provide that an indemnification agreement can cover the negligence of Robinson as well as the City provided that it specifically so provides and specifically refers to negligence. We can present such a proposal to Robinson and see whether they will agree to it. There is a potential drawback to this approach in that an -5-