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RECEIVED <br />M 140'�"JUN 18 2018 <br />RIGHT OF ENTRY AND RIGHT TO APPLY FOR TRANSFER AND DM=N <br />OF RECLAwTo <br />EXPANSION OF MINERAL PERMIT WNW, ARM UFM <br />THIS RIGHT OF ENTRY AND RIGHT TO APPLY FOR TRANSFER AND <br />EXPANSION OF MINERAL PERMIT (the "Agreement") is made this Ist day of June, 2018, by <br />and between the Edwin J. Westhoff Trust, Joseph E. Westhoff and Vicki D. Westhoff, <br />(collectively "Grantor"). and Morgan County, Colorado, a political subdivision of the State of <br />Colorado acting by and through its Board of County Commissioners ("County"), (each <br />individually a "Party" and collectively the "Parties"). <br />WHEREAS, Grantor owns certain real property, more particularly described in Exhibit <br />A, attached hereto and incorporated herein by this reference (the "Property"); <br />WHEREAS, Grantor currently is the operator under existing Mineral Permit (M-187- <br />166) issued by the State of Colorado, Division of Reclamation. Mining and Safety to the <br />Grantor; <br />WHEREAS, the Mineral Permit currently allows for certain activities on an area of <br />approximately 5 acres on the Property; <br />WHEREAS, the County desires to ultimately apply for a transfer of the Mineral Permit <br />and Succession of Operator Application and as part of that application intends to seek an <br />extension of the Mineral Permit to an area of approximately 10 acres in size; and <br />WHEREAS, in order to apply for a transfer of the Mineral Permit and expand the Mineral <br />Permit area, the County seeks consent from the Grantor to enter upon the property and apply for <br />the transfer, and <br />WHEREAS, the parties wish to set forth their agreement regarding the above matters in <br />full. <br />NOW THEREFORE, in and for the consideration of good and valuable consideration, the <br />receipt and sufficiency of which is hereby ackno%viedged, the parties hereto agree as follows: <br />1. Riaht of Entrv. Grantor hereby grants to the County and its contractors or agents <br />a right of entry to enter, re-enter and use the Property far the purpose of performing any work to <br />support the County's application to transfer the Mineral Permit, succeed the Grantor as permittee <br />and expand the area subject to the Mineral Permit, <br />2. Right to Apply for Transfer and Expansion of Mineral Permit. Grantor hereby <br />grants to the County the right to apply for a transfer of the Mineral Permit to the County from the <br />Grantor. Further, Grantor hereby grants the County the right to apply for an expansion of the <br />area subject to the Mineral Permit from 5 acres to 10 acres in the area shown on Exhibit B, <br />attached hereto and incorporated herein by this reference. The County shall not be obligated to <br />apply for a transfer or expansion and may do so in its sole discretion. <br />