Laserfiche WebLink
'I Z7, <br /> r` <br /> i�`• era' , <br /> AGREEMENT (!C�V 1 <br /> THIS AGREEMENT made this 2nd day of August, 1988, eGi! een the COUNTY <br /> OF MONTROSE, State of Colorado, ("County") and PEABODY COAL COMPANY, 1300 South <br /> Yale, Flagstaff, Arizona, ("Peabody") , <br /> W I T N E S S E T H : <br /> In consideration of the mutual covenants and payments hereinafter con- <br /> tained, the parties agree as follows : <br /> 1. The County hereby grants to Peabody the right to use the County <br /> road right-of-way as described in Exhibit "A", attached hereto and incorporated <br /> herein by this reference, for mining and related purposes. This 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 /> (15) years. <br /> 2. After completion of mining and related activities subject to this <br /> Agreement, Peabody shall reconstruct the gravel road with its own equipment, <br /> sapplies and labor at its expense. This reconstruction shall include, but not <br /> be limited to the engineering and reconstruction of said County road from the <br /> bottom of the pit to the finished road surface in accordance with Engineering <br /> Standards described in Exhibit "D", attached hereto and incorporated herein by <br /> tnis reference. The reconstruction shall be completed within a reasonable time <br /> after 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 both short and long term corrective measures to <br /> repair approximately one-half (1) mile of Montrose County Road AA described in <br /> Exhibit "B", attached hereto and incorporated herein by this reference and <br /> approximately one-quarter (4) mile of Montrose County Road 26.50 described in <br /> Exhibit "C", attached hereto and incorporated herein by this reference. Said <br /> engineering study shall be completed within one (1) year from the date of this <br /> Agreement. After said engineering study is prepared, Peabody shall determine <br /> the corrective measures to be taken and notify the County. The County and <br /> Peabody shall then agree upon a time schedule and the manner in which the 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 Exhibit "B" to control runoff water <br /> as a short term corrective measure. Initiation of the long term corrective <br /> measure shall begin on or before September 1, 1989. <br /> 4. This Agreement is expressly conditioned upon no landowners being <br /> landlocked by the closure of the county road right-of-way as described in <br /> Exhibit "A". Further, this Agreement is expressly conditioned upon Peabody <br /> 1 <br />