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RECEIVED <br />STRUCTURE AGREEMENT +�R 0 7 N17 <br />BETWEEN I M$ION OF PECLANU►YION <br />COLORADO SPRINGS UTILITIES MININGANDSAMY <br />AND <br />CURT W. HOUCHIN <br />THIS STRUCTURE AGREEMENT ("AGREEMENT") is hereby made and entered <br />into this _ day of April, 2017, by and between Colorado Springs Utilities, an enterprise of the <br />City of Colorado Springs, a home rule city and municipal corporation, whose address is 1521 S. <br />Hancock Expressway, Mail Code 1812, Colorado Springs, CO 80947 ("Utilities"), and Curt <br />Houchin, as owner and operator of the Houchin Gravel Pit, whose address is Curt W. Houchin, <br />P.O. Box 85, Green Mountain Falls, CO, 80819 ("Houchin") (collectively, the "Parties"). <br />WHEREAS, Houchin operates the Houchin Gravel Pit, known as Mine ID # M-19_80-249 <br />(the "Mine") by the Colorado Division of Reclamation Mining and Safety (the "Division") at 8740 <br />W. Highway 24, Cascade CO, 80809; and <br />WHEREAS, Rule 6.4.19 (the "Rule") of the Colorado Division of Reclamation Mining <br />and Safety requires that where a mining operation will adversely affect the stability of any <br />significant, valuable and permanent man-made structure located within two hundred (200) feet of <br />the affected land, the applicant may provide a notarized agreement between the applicant and the <br />person(s) having an interest in the structure, that the applicant will provide compensation for any <br />damage to the structure; and <br />WHEREAS, Utilities owns and operates certain utility facilities more particularly <br />described in Section 1, below (the "Structures"), within 200 feet of Houchin's mine; and <br />WHEREAS, Houchin agrees that in the event operation of the Mine results in damage to <br />the Structures, Houchin will compensate Utilities for the cost of repair or replacement of the <br />damaged Structures. <br />NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET <br />FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: <br />Section 1. Identification of the Structures. Utilities Structures located within 200 feet <br />of the Houchin Mine include the following. an overhead electric line and electric transformer <br />serving multiple utility customers and associated utility pole(s). <br />Section 2. Operation of Mine. Houchin agrees that the operation of the Mine shall be <br />in accordance with all applicable governmental requirements and all permit conditions. Houchin <br />further agrees that the operation of the mine shall be performed in such a manner so as to reduce <br />the likelihood of damage to Utilities' Structures. <br />Section 3. Responsibility for Damage to the Structures. In the event Houchin's <br />operation of the mine results in damage to Utilities' Structures, Houchin agrees to compensate <br />