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RMR-LI-2017-17 <br />UNITED STATES OF AMERICA <br />DEPARTMENT OF ENERGY <br />WESTERN AREA POWER ADMINISTRATION <br />Hoyt Kiowa Creels 115 -kV Transmission Line <br />SESE Section 16, Township 1 North, Range 60 West <br />NENE Section 21, Township I North, Range 60 West <br />6th Principal Meridian, Morgan County, Colorado <br />Vicinity of Structure 1711 Section 16 <br />Vicinity of Structure 1712 Section 21 <br />LICENSE AGREEMENT <br />THIS LICENSE AGREEMENT is made this . 0-4kay of2017, between <br />MORGAN COUNTY GOVERNMENT (LICENSEE), whetlier on or more, and the UNITED STATES OF <br />AMERICA, Department of Energy, Western Area Power Administration /1(WAPA), represented by the <br />officer executing this agreement, pursuant to the Reclamation Act, Act of June 17, 1902, 32 Stat. 388, and <br />acts amendatoty thereof and supplementary thereto, and the Department of Energy Organization Act, Act of <br />August 4, 1977, 91 Stat. 565. <br />WITNESSETH: <br />WAPA currently has an easement for its Hoyt Kiowa Creek 115 -kV Transmission Line and <br />Structures on property. owned by the Edwin 7 Westhoff Trust & Joseph E. and Vicki D. Westhoff. <br />LICENSEE has proposed certaui mining operations that will occur within WAPA's easement. This <br />License Agreement sets forth WAPA's concurrence that the mining operations (FACILITY) will not <br />uiterfere with the operation and maintenance of the Hoyt Kiowa Creek 115 kV Transmission Line <br />and Structures, if constructed in the manner and at the locations shown in Exhibit A, attached hereto <br />and apart hereof" <br />In consideration of WAPA'S concurrence, the LICENSEE agrees to the following: <br />(a) For good and valuable consideration as set forth herein, WAPA hereby grants an exclusive <br />license to LICENSEE to construct, operate, maintain and reclaim the FACILITY on the terms <br />and conditions set forth herein. This License Agreement shall remain in effect until <br />LICENSEE or its permitted assigns ceases use of the Facility. This license does not grant any <br />right, privilege, or interest in the land. The LICENSEE is responsible for obtaining any necessary land <br />rights from; the underlying landowner. <br />(b) This license is only valid provided the FACILITY is constructed, operated, and maintained in <br />conformance with the attached drawings and/or exhibits. Any relocations, changes, or upgrades require <br />additional concurrence by WAPA. LICENSEE agrees to alter or relocate its FACILITY, at no cost to <br />WAPA, to accommodate future modifications of WAPA'S facilities, including but not limited to, <br />upgrades of the transmission line. <br />(c) LICENSEE shall noti WAPA at least 15 business days prior to commencing installation of <br />the FACILITY to permit inspection by WAPA. Contact Stacy Tole in WAPA'S Brush <br />Office _(970) 580-4330. <br />(d) To abide by and comply with all applicable Federal, State, and local laws and buildu1g and safety <br />codes. <br />(e) Induced voltages and currents may occur on the FACILITY constructed or placed under or near <br />Iligh voltage transmission lines. The LICENSEE shall be responsible for the protection of personnel <br />and equipment in their design, cons true tio11, operation and maintenance of the FACILITY described in <br />this License Agreement. <br />