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12/D6 2007 MAR 17:10 FAX 418," -'~ 2420 CARRIERES POLYCOR % 003/004 <br />09/12/200T 08:43 RAX.48049L80B0 <br />lei 00 2 <br />Marble Quarry, Trail repair agreement, page 2 of J tune 11, 2007 <br />G. Quarry will indemnify the Mclntyr~s for any and all Liability, loss, or damage <br />the Mctntyres may suffer as ~ result of claims, demands, cows, or judgtneats <br />against the Mclntyres arising In any way out of the work to be performed <br />under this agreement or arising from the quarry debtys loeared on the <br />Mcintyre Property; <br />7. Quarry will perform all work entytely at its own expense. 1f tltc repair work <br />results in additional damage, Quarry will make all necessary additional <br />repairs, also entixely at its own expense; <br />8. A ten-foot wide usable trail through the Mcinryres' Yule Lode must be in <br />place by June 26, 2007, wbirh is froe of any hidden Bang-zoos condition (e.g. <br />debris of holes creating tripping, slipping or falling hazards), and fret of <br />marblc blocks and slurry; <br />9, A usable trail on the southeasterly slope of the marble pile roust be <br />reestablished by June 28, 2007 (e.g. installing steps, water bats and <br />switchbacks); <br />10. Any marble or other Quarry debris remaining on the Mclntyzc Property must <br />be stabilized before the work is con3idered satisfactory; <br />11. No marble or other Quarry debris resulting from this work shall be le[t in the <br />Yule Creek after completion of the vrork performed under this agreement. <br />l2. The Patties will jointly inspect the arcs on June 29, 20D7; <br />l3. Quarry ws7! notify the Mclntyres and the Colorado Division of Reclamation, <br />Mining and Safety in writing of, and implement operational plans for, marble <br />block dumping, slurry eantaintnent and snow removal. that will prevent <br />future damage to the Mclntyrc Property; <br />14. 7tte biclnryres will prompdy noti[y the Colorado Division of Reclamadon, <br />Mining and Safety upon satisfactory cotapledon of the work performed <br />under this agreement. <br />l f there is anything written above that you of Quarry does not agree ~vitt~, pleasc <br />ulcphone Stcve d'uecdy at480-831-11752 or email Kim (kt~, !n elaw.nct) with your <br />changes. C-therwise, because time is of the essence due to the damaged trat, please signify <br />the Quarry's agreement to these terms by having the appropriate person sign and date this <br />agtecrncnt below and mail the original signed agrcumcnt back to the witi-in 24 hours. <br />THE MCIN7YAE LAW OFFICE <br />E'd ZZ06~OLOL6 satuuenb auoag opta~oto0 LS=6 L002 ZL UnC <br />