2019-05-23_REVISION - M1996052 (6)

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SET-BACK AGREEMENT This Set-Back Agreement (hereinafter referred to as the "Agreement") is between L. G. EVERIST, INCORPORATED, an Iowa corporation, whose address is 7321 East 88 1h Ave., Suite 200, Henderson, CO 80640 (hereinafter referred to as "Everist,") and Sinclair Transportation Company, doing business as SINCLAIR PIPELINE COMPANY, a Wyoming Corporation, whose address is 550 East South Temple, Salt Lake City, Utah, 84102 (hereinafter referred to as"Sinclair" and/or"Structure Owner"). This Agreement is dated and made effective this zard day of December, 2007. WITNESSETH WHEREAS, Everist is the owner(hereinafter also referred to as the "Owner") of two real properties, the first of which is known by street and address as 7497 County Road 26 Weld County, Colorado; and the second of which is known by street and address as 7662 County Road 26.75 Weld County. Colorado. The legal descriptions of the two aforementionedproperties are more particularly described in Exhibit A and are depicted in Exhibit B of this Agreement (the "Property"). WHEREAS, Owner's aforementioned Property is encumbered in part by a pipeline "Right of Way Easement"which was recorded at Reception 14081656 on May 13, 1963 in the off-ice of the Clerk and Recorder of Weld County. Colorado (the "Right of Way") WHEREAS, Owner(hereinafter referred to as the "Grantor") is the legal successor to Robert O. Nelson who was the original Grantor of the Right of Way. WHEREAS, Sinclair(hereinafter referred to as the "Grantee") is the owner of the existing pipeline, which crosses Grantor's Property and which is allowed within the said Right of Way. WHEREAS, Grantor and Grantee amended said Right of Way in order to define the width of the easement area, to relocate the easement area including the existing pipeline, and to allow Grantee the right to install an additional pipeline within the easement area by way of that certain "Amendment to Right of Way" which was entered into and made effective as of the 23rd day of March, 2007 (hereinafter referred to as the"Amendment" and/or the"Amended Right of Way") and which said Amendment was recorded at Reception 3514284 on October 30, 2007. WHEREAS, Owner/Grantor(hereinafter referred to as the "Operator") proposes to permit, develop, mine and operate the Property for the purpose of extracting Construction Materials, including sand, gravel and other products (hereinafter referred to as the"Mining Operation7' as defined by the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials promulgated October 1995 and as amended August 2006) with a planned end- use of the reclaimed Property being its development for water storage, recreation, agriculture, a planned unit development and/or other lawful use. WHEREAS. Grantee's pipelines are considered to be significant. valuable or permanent man-made structures (hereinafter referred to as the "Structure") which are located within 200 feet of the limits of the Operator's proposed Mining Operation. Set-Back Agreement between L G.rvtiist,Inc,and Sinclair Pipeline Company