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3. ACCESS: OWNER agrees to provide land for a haul road and direct access to the work azea. COUNTY agrees to construct and maintain said haul road in good condition and to restore said haul road at the termination of this Agreement if requested by OWNER. 4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL: Owner may take up to 100 cubic yards per calendaz yeaz commencing January 1, 2005 of any soil and sand or gravel stockpiled by the County on the premises for use on his driveways or yards. Owner agrees that prior to taking said soil and sand or gravel he shall consult with County to determine from which stockpile the soil and sand or gravel maybe taken. 5. BOOKS AND RECORDS: County agrees to keep accurate records of all soil and\or gravel removed from said described lands and shall, at all reasonable times, make said records available to Owner for his inspection. 6., FERMITS -COUNTY shall be responsible for obtaining all necessary State, COUNTY, and Federal permits. Including [he cost of any necessary surveying for the mining operation on the subject premises at its own expense which permits will not include asphalt or concrete batch plants. COUNTY shall consult with OWNER during the permitting process and to exercise reasonable diligence in obtaining all necessary permits in a timely fashion. The operation on the premises by COUNTY shall be conducted in compliance with those permits as maybe determined by the agency legally responsible for enforcing those permits. OWNER agrees to cooperate with Weld COUNTY and to execute any necessary documents to assist Weld COUNTY in obtaining the necessary permits and not to interfere with any work required as a result of said permits .County will be responsible for any of the construction, improvements and ongoing operations necessary to comply with an approved permit. NOTICES: Any notice of temmination or other demand by Owner or County shall be made in writing and forwarded by certified mail to the following address: OWNER: Keith and Shirley Ashbaugh 39434 WCR 115 New Raymer, Co 80742 COUNTY: Weld County Public Works P.O. Box 758 Greeley, CO 80632 8. TERM: The tern of this Agreement shall be from the date of execution to and until ten years later, and shall renew automatically for additional one year periods thereafter, unless sooner terminated in writing by either party. Said notice of termination must be received at least thirty (30) days prior to the stated date of termination. 9. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written --consern of County orOwner,-whichever is the non=assigning party.