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• 999 • ~i,~~t~ <br />Q <br />SEWER PIP ETINE UTILITY ACCESS AND INDEMNIT'I AGREEMENT ~O <br />THIS AGREEMENT made this 13th day of March, 1997, between the WEST MONTROSE <br />SANITATION DISTRICT, hereinafter called "DISTRICT" and 4JESTERN GRAVEL, INC., a <br />Colorado corporation, hereinafter called "WESTERN". <br />Received <br />W I T N E S S E T H <br />MAR w _ iS97 <br />In consideration of the mutual covenants, terms and provisions hereinafter <br />contained, the parties mutually agree as follows: Durar.^oFisldOHice <br />~Y::~Dn GT ~~:1Gf~W L' Cs.^.G~ <br />_ 1. The District hereby agrees to provide Western the right and privilege <br />to access and cross the District's trunk sewer easement and pipeline at the <br />location described on Exhibit "A" attached hereto and incorporated herein, <br />2. As consideration and as a condition therefore, Western shall construct <br />and maintain at its sole cost and expense a crossing structure as described on <br />Exhibit "B" attached hereto and incorporated herein. <br />3. The term of this Agreement shall be for five (5) years beginning the <br />13th day of March, 1997, and ending the 12th day of March, 2002. This Agreement <br />may be renewed for additional periods upon terms mutually agreeable by the par- <br />ties. <br />4. That said structure as shown on Exhibit "B", shall be designed by a <br />^rof~<_sional engineer licensed in the State of Colorado and shall be approved by <br />the District's engineers. In addition, said structure shall be inspected and <br />approved by the District's engineer during construction and prior to use and/or <br />hauling by Western as well as be subject to periodical inspections by the <br />District all at the sole cost and expense of Western. <br />5. The parties mutually agree that Western shall be fully responsible, in <br />addition to design, construction, inspection and approval as provided in !(~iZ and <br />4, to protect and repair the easement and sewer pipeline in the event of a <br />failure caused by Western's gravel pit and haul road operation and reclamation <br />UI'd 2.r Pe rmlt Vo. M-.46-Cd ~, 3t '~J25tern'S sCle COSt and expense. <br />6. The District small not be required to make any improvements, replace- <br />ments or repairs of an, kind or character to the easement or pipeline at said <br />(1) <br />