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AGREEMENT <br />THIS AGREEMENT is entered into this 12th day of November, 2015 by and between <br />Asphalt Specialties Company, Inc. (hereinafter referred to as the "Applicant") whose <br />address is 10100 Dallas St., Henderson, Colorado 80640 and United Power Company <br />(hereinafter referred to as the "Structure Owner") and whose address is 500 Cooperative <br />Way, Brighton, CO 80603. <br />WHEREAS: <br />The Applicant is seeking a State of Colorado Mined Land Reclamation Board Permit (M- <br />2015-030) to mine sand and gravel and to reclaim the property as a slurry -wall sealed <br />water -storage reservoir, under which permit, the applicant proposes to mine within 200 ft. <br />of existing permanent man-made structures (aboveground power poles) owned by the <br />Structure Owner. Exhibit A is attached hereto and shows the structures and the distance <br />from them to the edge of the applicant's mining excavation. The power poles are at the <br />closest approximately 25 ft. from the edge of the proposed mining excavation and are <br />within the WCR-8 ROW and a dedicated ROW along U.S. Hwy. -85. <br />AGREEMENT: <br />The Applicant hereby commits to fully repair or to fully compensate the Structure Owner <br />for any damage to the structures which damage is caused by the Applicant's mining and <br />reclamation operations. <br />AGREED: <br />By the Applicant: <br />By Applicant's Representative and Title Date <br />State of Colorado ) <br />)ss <br />County of Adgn S ) <br />The foregoing instn}ment was acknowledged before me this 12� day ofj(h,,,,�R,�., 2015' , <br />a a(j <br />by )2o ✓L as gesouvcce />44riacJeof <br />f{sia)141t 5 ec 'CO (+"e5 Com. 4C <br />My Commission expires: , oL7 <br />Page 1 of 2 <br />