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Licensee: Freemont Paving <br />Investigation #: 2015-175 <br />Line No. 5411, 5413, 7015 <br />Plat No. 2223 & 2224 <br />LICENSE AGREEMENT <br />File With Document #: 2389 <br />Agent: Harris -Coffey <br />Engineer: Pearson <br />Section 35 Twp 2l S Rge 63W <br />This LICENSE AGREEMENT is made this S'6 day of 9 20,5- by and between <br />PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation hereinafter called <br />"PSCo" and FREMONI T PAVING AND RED[ MIX hereinafter called the "Licensee." <br />RECITALS <br />A. PSCo is the fee owner of certain real property described on Exhibit A, attached hereto and <br />made a part hereof ("the Property"), and desires to protect and preserve the utility facilities located <br />thereon and the future use of said Property for utility purposes. <br />B. Licensee desires to make certain improvements or installations in, on, under or along the <br />Property as more particularly shown on Exhibit B, attached hereto and made a part hereof, <br />("Licensed Facility"), and desires to obtain PSCo's permission therefor. <br />C. PSCo is willing to consent to the Licensed Facility subject to the terms and conditions <br />stated in this License Agreement. <br />AGREEMENT <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 agree as <br />follows: <br />I. PSCo hereby grants to Licensee, with respect to such title and interest as PSCo may <br />have in the Property, and upon the terms and conditions hereinafter stated, the non-exclusive <br />permission and right to construct, maintain, operate, repair, inspect, and remove the Licensed <br />Facility in, on, under, or along the Property. The Licensed Facility shall be located and <br />constructed as shown on Exhibit B and in accordance with the Plans and Specifications defined <br />below. Licensee will not conduct or permit anyone to conduct any activities or install any <br />improvements on the Property which deviate in any manner from Exhibit B without the prior <br />written consent of PSCo. Licensee shall prepare and submit to PSCo as -built exhibit(s) depicting <br />the Licensed Facility, and calling out all deviations from Exhibit B no later than thirty (30) days <br />after completion of construction. The rights granted by PSCo under this License Agreement are <br />limited to the use by Licensee of the portion of the Property referenced on Exhibit B in connection <br />with the Licensed Facility and for no other purpose. The "Term" of this license shall commence <br />on the date hereof and will terminate as provided herein. <br />1 of I I <br />APPROVED FORM 2015 <br />1.15.55558137.01 <br />