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AGREEMENT <br /> THIS AGREEMENT is entered into this 9(h day of May, 2016 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 Colorado Dept. of <br /> Highways (hereinafter referred to as the "Structure Owner") and whose address is 4201 <br /> East Arkansas Ave., Denver, CO 80222-3406. <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 clay-lined sealed <br /> water-storage reservoir, under which permit, the applicant proposes to mine within 200 ft. <br /> of an existing permanent man-made structure (U.S. Hwy-85) owned by the Structure <br /> Owner. Exhibit A is attached hereto and shows the structure (and associated R.O.W. <br /> fence) and the distance from it to the edge of the applicant's mining excavation. The <br /> proposed edge of the mining excavation is to be 50 ft. from the Structure Owner's <br /> R.O.W. The mined out sand and gravel excavation will be lined with a clay-liner and <br /> reclaimed as a water-storage reservoir as also shown on Exhibit A. <br /> AGREEMENT: <br /> The Applicant hereby commits to fully repair or to fully compensate the Structure Owner <br /> for any damage to the structure which damage is caused by the Applicant's mining and <br /> reclamation operations. <br /> AGREED: <br /> By the Applicant: <br /> M4 R . q, zeil6 <br /> By Applicant's Representative and Title Date <br /> State of Colorado ) <br /> ) ss <br /> County of A yft5 ) <br /> The foregoing instrument was acknowledged before me this cliti day of you , 20/b , <br /> by Rob vta as R.e,5o `e iVi,k6Q of <br /> 4SiJE21 t . (4-‘•e <br /> Notary P/. is JAN NELSON <br /> NOTARY PUBLIC <br /> MyCommission expires: , STATE OF COLORADO <br /> p ��, ,�� 1-L',.2G NOTARY ID 19994030527 <br /> MY COMMISSION EXPIRES APRIL 27,2020 <br /> Page I of 2 <br />