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License Agreement No.
<br /> RMR—LI—2005-39
<br /> UNITED STATES OF AMERICA
<br /> , DEPARTMENT OF ENERGY
<br /> WESTERN AREA POWER ADMINISTRATION
<br /> Hayden-Vernal 138-kV Transmission Line
<br /> S2 NW4 Section 13,Township 6 North,Range 91 West
<br /> 6th Principal Meridian,Moffat County,Colorado
<br /> Vicinity of Structures 111/3& 111/2
<br /> LICENSE AGREEMENT
<br /> THIS LICENSE AGREEMENT is made this -67 day of ���t—� ,2005,between DURAN&p �e
<br /> CONTRACTORS(LICENSEE),whether one or more,and the UNITED STATES OF AMERICA,Department of Energy,Western
<br /> Area Power Administration(Western),represented by the officer executing this agreement,pursuant to the Reclamation Act,Act of
<br /> June 17, 1902,32 Stat.388,and acts amendatory thereof and supplementary thereto,and the Department of Energy Organization Act,
<br /> Act of August 4, 1977,91 Stat. 565.
<br /> WITNESSETH:
<br /> Western concurs that the mining of gravel(FACILITY),proposed by the LICENSEE will not interfere with the operation and
<br /> maintenance of the Hayden-Vernal 138-kV Transmission Line,if constructed in the manner and at the locations shown on Exhibit A,
<br /> attached hereto and made a part hereof.
<br /> In consideration of Western's concurrence,the LICENSEE agrees to the following:
<br /> (a)This license does not grant any right,privilege, or interest in the land. The LICENSEE is responsible for obtaining any
<br /> necessary land rights from the underlying landowner.
<br /> (b)This license is only valid provided the FACILITY is constructed,operated,and maintained in conformance with the
<br /> attached drawings and/or exhibits. Any relocations,changes,or upgrades require additional concurrence by Western.
<br /> LICENSEE agrees to alter or relocate its FACILITY,at no cost to Western,to accommodate future modifications of Western's
<br /> facilities,including but not limited to,upgrades of the transmission line.
<br /> (c)Please note that the easement width is 75 feet(37.5 feet each side of the centerline). Operation and maintenance of the
<br /> transmission line requires that Western use heavy equipment within the easement area,therefore,Western will not be held
<br /> liable for damages to the FACILITY should they occur.
<br /> (d)LICENSEE shall notify Western at least 10 business days prior to commencing installation of the FACILITY to permit
<br /> inspection by Western. Contact Dave Tiede in our Craig Office,(970)824-8877.
<br /> (e)To abide by and comply with all applicable Federal,State,and local laws and building and safety codes.
<br /> (f)Induced voltages and currents may occur on the FACILITY constructed or placed under or near high voltage transmission
<br /> lines. The LICENSEE shall be responsible for the protection of personnel and equipment in their design,construction,
<br /> operation and maintenance of the FACILITY described in this License Agreement.
<br /> (g)It is specifically understood and agreed that the United States shall have no liability and the United States assumes no
<br /> responsibility for any liability,loss and/or damage resulting from injury or death of persons whomsoever,or damage to, loss,
<br /> or destruction of property whatsoever,when such liability,injury,death,loss or damage results from or in connection with the
<br /> use of Western's easement area by LICENSEE.
<br /> (h)This agreement shall be binding on the successors or assigns of the LICENSEE and Western.
<br /> (i)A minimum overhead clearance of at least 14 feet from the conductors must be maintained at all times.
<br /> LICENSEE THE UNITED STATES OF AMERICA
<br /> Mr.Jim Duran Western Area Power Administration
<br /> Duran&,Eie c-is`contractors
<br /> PO Box 1331
<br /> Craig,CO 81626
<br /> (Signature �� /✓ Jim omsicv ��
<br /> Montrose Maintenance Manager
<br /> Rocky Mountain Region
<br /> (Title)
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