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WHEREAS, Grantee as the owner of the Structure is hereinafter also referred to as the "Structure <br /> Owner". <br /> Wl IEREAS, Operator (hereinafter referred to as the "Applicant") wishes to obtain a Section 112 <br /> Reclamation Permit from the Colorado Division of Reclamation, Mining and Safety which is required <br /> for its planned Mining Operation (hereinafter referred to as the "Permit"). <br /> WI IEREAS, Colorado Division of Reclamation, Mining and Safety (hereinafter referred to as "DRMS-) <br /> requires that the Applicant for a Section 1]2 Reclamation Permit and/or for an Amendment to such a <br /> Permit must contact the Owner of any aforementioned Structure located within 200 feet of the limits of <br /> the Applicant's proposed Mining Operation, and either: <br /> I. Provide the DRMS with a notarized Agreement between the Applicant and the Structure Owner, <br /> stating that the Applicant is to provide compensation to the Structure Owner for any damage to <br /> the Stricture caused by Applicant's activities; <br /> 2. Provide the DRMS an appropriate engineering evaluation which demonstrates that such <br /> Structure shall not be damaged by Applicant's activities occurring at the Mining Operation on <br /> the Property to be permitted if the aforementioned Agreement can not be reached, or <br /> 3, Provide the DRMS with a notarized letter in the case where such Structure is a utility, on utility <br /> letterhead, from the owner(s) of the utility (Structure Owner) stating that the mining and <br /> reclamation activities, as proposed, will have "no negative effect" on their utility. <br /> W1 IEREAS, Applicant plans to permit the Property so that it may carry out its proposed Mining <br /> Operations and end-use development to within 10 feet of the Property boundaries and within 200 feet of <br /> the aforementioned Structure which is located within and/or immediately outside the proposed Permitted <br /> Property boundary. <br /> WHEREAS, Structure Owner wishes to be assured it will be indemnified and held harmless should the <br /> Structure be damaged by Operator's proposed development, mining and reclamation operations and/or <br /> end-use development. <br /> NOW 'n IEREFORE, In consideration of the performance of the covenants and promises made herein, <br /> and other rod and valuable consideration paid, the sufficiency of which are hereby acknowledged by <br /> the parties to this Agreement. Everist as the Applicant and Sinclair as the Structure Owner do hereby, <br /> agree to provide the DRMS with this notarized Agreement between the Applicant and the Structure <br /> Owner, stating as follows: <br /> I. Structure Owner understands based on Applicant's representations to Structure Owner that the <br /> mining and reclamation activities will have"no negative effect" on the Structure Owner's <br /> Structure. <br /> 2. Applicant hereby agrees to indemnify and hold Structure Owner harmless For any damage that <br /> Applicant's Mining Operations do to the Structure. <br /> 3. Structure Owner agrees not oppose any of Applicant's plans and efforts to permit, develop, mine <br /> and/or operate this Property for the purpose of extracting sand, gravel and any other Construction <br /> Materials with the planned end-use ofthe reclaimed Property being its development for water <br /> 2 <br /> Set-Back Agreement hemeen 1, G,I'verist,Inc and Sinclair PIPChnC Company <br />