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ACCESS OWNER agrees to provide land for a haul road and direct access to the work <br />area. COUNTY agrees to construct and maintain said haul road in good condition and to <br />restore said haul road at the termination of this Agreement if requested by OWNER. <br />4. OWNER'S RIGHT TO USE STOCKPILED SOIL AND\OR GRAVEL Owner may take <br />up to 100 cubic yards per calendar year commencing January 1, 2005 of any soil and sand <br />or gravel stockpiled by the County on the premises for use on his driveways or yards. <br />Owner agrees that prior to taking said soil and sand or gravel he shall consult with <br />County to determine from which stockpile the soil and sand or gravel may be taken. <br />5. BOOKS AND RECORDS County agrees to keep accurate records of all soil and \or <br />gravel removed from said described lands and shall, at all reasonable times, make said <br />records available to Owner for his inspection. <br />7. <br />E <br />PERMITS - COUNTY shall be responsible for obtaining all necessary State, COUNTY, <br />and Federal permits. Including the cost of any necessary surveying for the mining <br />operation on the subject premises at its own expense which permits will not include <br />asphalt or concrete batch plants. COUNTY shall consult with OWNER during the <br />permitting process and to exercise reasonable diligence in obtaining all necessary permits <br />in a timely fashion. The operation on the premises by COUNTY shall be conducted in <br />compliance with those permits as may be determined by the agency legally responsible <br />for enforcing those permits. OWNER agrees to cooperate with Weld COUNTY and to <br />execute any necessary documents to assist Weld COUNTY in obtaining the necessary <br />permits and not to interfere with any work required as a result of said permits . County <br />will be responsible for any of the construction, improvements and ongoing operations <br />necessary to comply with an approved permit. <br />NOTICES Any notice of termination or other demand by Owner or County shall be <br />made in writing and forwarded by certified mail to the following address: <br />OWNER: <br />Keith and Shirley Ashbaugh <br />39434 WCR 115 <br />New Raymer, Co 80742 <br />COUNTY: <br />Weld County Public Works <br />P.O. Box 758 <br />Greeley, CO 80632 <br />TERM: The term of this Agreement shall be from the date of execution to and until ten <br />years later, and shall renew automatically for additional one year periods thereafter, <br />unless sooner terminated in writing by either party. Said notice of termination must be <br />received at least thirty (30) days prior to the stated date of termination. <br />NON - ASSIGNMENT: This Agreement shall not be assignable without prior written <br />consent of County or Owner, whichever is the non - assigning party. <br />2 <br />