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<br />MRY. 4.1998 4~01PM H6jy CROSS ELECTRIC
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<br />i
<br />DENVER OFFICE
<br />PUBLICy~ FILE COPY
<br />FILE: /n~98~a~Z AGREEMENT
<br />SITE:.. ~. ~,~re~~~Pn
<br />This AGREEMENT is made this ,y~ day of 1998 by and between
<br />HOLY CR05S ELECTRIC ASSOCIATION, INC., a Colorad orporatlon herelnaker called
<br />"Association", and THE GALLEGOS CORPORATION, hereinafter called "Gallegos".
<br />Association owns, operates, and maintains an electric distribution Ilne, herelnaker called
<br />"Faculty", located on a right-of-way easement, In the NE'/, of NEY, of Settton 28,
<br />Township 11 South, Range 88 West, 6th P,M., Gunnison County, Colorado. See attached
<br />Exhibit "A."
<br />Gallegos desires to harvest stone, herelnaker called "Activity", within the
<br />aforementioned right-of-way of the Association.
<br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
<br />consideration, the receipt and sufficiency of which Is hereby acknowledged, the parties
<br />agree as follows:
<br />The Association will field Inspect the location of the proposed Activity before Gallegos
<br />starts any such Activity. Changes to the Association Faculty due to the proposed Activity
<br />will be at the expense of Gallegos.
<br />All equipment and vehicular traffic crossing the Association's right-of-way shall be less
<br />than fourteen (14) feet In height above ground and shall maintain clearance greater than
<br />four and one half (414) feet from any conductor.
<br />Grade changes within the right-of-way must be approved in writing prior to alteration of
<br />the existing grade. Approval shall be based upon National Electric Safety Code
<br />requirements.
<br />Gallegos agrees and understands that the Facility conductors extend beyond the
<br />centerline of the utility Faclliry. Gallegos also agrees and understands It has been fully
<br />advised by the Association that the Faclliry may now transmit and may continue to
<br />transmit elettric current at significant voltages, and that the conductors of the FacI11tY
<br />may not be insulated. Gallegos shall advise all of its employees, agents, contractors, and
<br />other persons who enter upon the premises of the existence and nature of such Facility
<br />and the potential danger and risk involved.
<br />Gallegos warrants and represents that it has investigated, and consulted with legal
<br />counsel about, and made itself aware of all laws, rules and governmental regulations,
<br />including, but not limited to the National Electric Safety Code and the Occupational
<br />Safety and Health Act, the laws and regulations of the applicable county and the State of
<br />Colorado Division of Minerals and Geology, and therefore agrees: (1) that it will comply
<br />with all applicable laws, rules and regulations; and (2) that it will, prior to
<br />commencement of any Activity on the site, obtain all necessary permits, licenses,
<br />easements, agreements and other legal or private approvals necessary for the Activity at
<br />the site.
<br />Gallegos shall supply a Proof of Insurance Certificate showing coverage In the following
<br />minimum amounts: {1) Workers' Compensation Insurance covering all employees In
<br />statutory limits who perform any of the obligations assumed by Gallegos under the
<br />Activity, and (2) Public liability and property damage liability Insurance covering all
<br />operations under the Activity with a minimum 31,000,000 combined single limit for
<br />public liability, property damage, bodily InJury or death, and (3) Automobile liability
<br />insurance on all self-propelled vehicles used in connection with the Activity, whether
<br />owned, non-owned, or hired, with a minimum 51,000,000 combined single limit for
<br />public liability, property damage, bodily Irtlury, or death.
<br />To the extent permitted by law, Gallegos covenants and agrees to (at all times) protect,
<br />indemnify, hold harmless, and defend the Association, Its directors, officers, agents,
<br />employees, successors. assigns, parents, subsidiaries, and affiliates from and against
<br />any and all claims arising from, alleged to arise from, or related to any InJury allegedly
<br />or actually occurring, imposed as a result of, arising from, or related to (1) this
<br />agreement; (Z) the construction, existence, maintenance, operation, repair, inspection,
<br />removal, replacement, or relocation of the Faclliry; or (3) Gallegos's or any other
<br />person's or entity's presence at the premises as a result of or related to this agreement.
<br />Gallegos's duty to protect, indemnify, hold harmless, and defend hereunder shall apply
<br />• Mo. ae0 II I I II I II ~ II IIII III
<br />Received
<br />MAY 0 4 1998
<br />Durango Field Office
<br />Division ci ;s":in;r;s ~ Geology
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