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<br />g6REe;E:r <br />n ' THfS A6 RE EM ENT made this 2nd day of Aua ust, L933, be iween the COUNTY <br />OF MONTRO SE, Sate ~of Colorado, ("Ca un ty°; antl PEA300Y COAL-COfl PANY, 1300 South <br />Yaffe, Flags taf', Arizona, ("Peabody"), <br />WITNESSETH: <br />[n consideration of [he mutual covenants and paymen [s hereinafter con- <br />tained, the par ies agree as follows: <br />1. The Coun [y hereby grants co Peabody the right Co use [he Co un [y <br />road right-of-way as described in Exn ibi[ "q", attached he reto .and incorporated <br />herein by this reference, for mining and related Durpos es. ihi5 use shall <br />include temporary closure and the tearing up and removal of said County road. <br />this use is temporary and is projected to cover the period of time of the mining <br />permit and any renewal thereof, but in no event shall the closure exceed fifteen <br />iL6) years. ~ _ <br />2. After comDlet ion of mining antl related activities suhject to this <br />Agreement, Peabody shall reconstruct the gravel road with its awn equipment, <br />supplies and labor at its expense. This reconstruction sn all include, but not <br />be limited to the engineering and reconstruct ion of Said County road from the <br />b~itpm di the pit to the finished road surf ate in accordance with Engine=_r ing <br />- ~~ Stan cards described in Exhi hit '.'D", attached hereto and incorporated herein by <br />( ~ mis reference. The reconstruction shalt be wmp feted. within a reasa noble time <br />• of=er the conclusion of all mining and related activities by Peabody affecting <br />this right-of-way. <br />3. Peabody further agrees to-conduct an engineering study to deter- <br />mine a plan and a design for bo th.short-and lgng term corrective measures to <br />repair approximately one-half (#) mile of'Jiontro se County Ra ad AA described in <br />Exhibit "8", attached hereto and incorporated herein by this reference and <br />app raximate ly one-quarter (:) mile of Mantro se County Road 26.50 described in <br />Exnibit "C", attached hereto and incorporated herein by this reference. Said <br />engineering study shall be completed within dne (1) year from the date of this <br />Agreement. After said engineering study is prepared, Peabody shall determinr_ <br />the cp rrective measures to be taken and notify the County. The County and <br />Peabody shall then agree upon a Cime schedule and the manner in which Che work <br />shall be performed. Peabody shall assume all costs for said engineering and <br />reconstruction for the described Montrose County Road AA and 26.50 Road in <br />accordance with.this section. Further, Peabody shall construct side ditches <br />along that portion of Road AA described in Ezh ibit "3" to control runoff water <br />as a short term corrective measure. Initiation of [he long term corrective <br />measure shall begin on or before Sep tem tier 1, 1939. <br />4. This Agreement is expressly conditioned upon no landowners being <br />landlocked by [he closure of the county road right-of-way as described in <br />` ~ Ezn ibit °A". Further, this Agreement is expressly conditioned upon Peabody <br />Attachment 2.OS.Q(3)3- 1 <br />Attachment 2.05.3(3)8- 1 <br />