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CERTIFICATION <br /> The Applicant, the City of Sterling, Colorado, by Donald J. Saling, as City Manager, the owner <br /> of the "Factory Ditch" storm sewer easement described above, and Rothe H2O LLC, a Colorado <br /> limited liability company ("Rothe"), the owner of part of the property subject to the "Factory <br /> Ditch" storm sewer easement, hereby agree that the closing of said pit(s) by the City will not <br /> result in any damage to the above described "structure(s)". However, in the event that the <br /> closing of said pit(s) results in any damage to the structure(s), the City and Rothe hereby waive <br /> forever any and all compensation for any damage from the proposed mining operation to the <br /> above listed structure(s) located on or within 200 feet of the proposed affected area described <br /> within Exhibit A, of the Reclamation Permit Application for Rothe Sand & Gravel Pit (operation <br /> name), File Number M-1995-017. <br /> PERMIT APPLICANT: CITY OF STERLING, COLORADO <br /> By <br /> Donald J. Saling, City M er <br /> STRUCTURE OWNER: CITY OF STERLING, COLORADO <br /> By 1) Q!' <br /> Donald J. Saling, City M <br /> STRUCTURE OWNER: ROTHE H2O LLC <br /> By <br /> Lee R. Rothe, Managing Member <br /> And �- <br /> Marlene J. 14he, Managing Member <br /> NOTARY FOR PERMIT APPLICANT <br /> STATE OF COLORADO ) <br /> ) ss. <br /> COUNTY OF LOGAN ) <br /> The foregoing was acknowledged before me this day of A 5� , 2016, by <br /> Donald J. Saling, as City Manager of The City of Sterling, Colorado. <br /> v r ._k X..," My Commission Expires: L �t I Ci <br /> Notary PubT <br /> JOSELYN A.WELSH <br /> NOTARY PUBLIC <br /> STATE OF COLORADO <br /> NOTARY ID 19874216736 <br /> MY COMMISSION EXPIRES OCTOBER 19,2019 <br />