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AGREEIvIENI' <br /> WHEREAS: The City of Lamar, Colorado (City) owns and operates a sewage treatment <br /> facility consisting of three inter-connected sewer lagoons on land described as: <br /> The North 1650 feet of the E'h of the SE Y4 of Section 28 and the North 1650 Feet of <br /> the SW 1/4 of Section 27,all in Twp.22 S,Rng.46 W.of 6th P.M.;Prowers County, <br /> Colorado. <br /> WHEREAS: Prowers Aggregate Operators, LLC (PAO) owns land bordering the south <br /> property line of the above described premises for which land PAO has State Permit No. M2008- <br /> 078 which allows PAO to carry on a mining operation on its land within 200 feet of any structures <br /> existing on the City's land; and <br /> WHEREAS: The operation and maintenance of the Lamar City Sewer Lagoons are <br /> monitored by the Colorado Department of Health and Environment according to the United States <br /> Environmental Protection Agency rules and regulations and statutes: <br /> IT IS HEREBY AGREED AS FOLLOWS: <br /> 1. PAO will conduct aggregate mining operations on its real property which borders the <br /> City sewer lagoon property described above on the south property line of the said <br /> property. <br /> 2. Pursuant to Colorado laws and regulations, PAO agrees not to conduct mining activities <br /> any closer than within two hundred feet of the structures existing on the City's land, <br /> specifically the monitoring well located near the south boundary line of the said City <br /> property, and the fence on the south boundary of the said City property, according to <br /> Exhibit A, the map attached hereto. PAO will not block or impair in any way the City's <br /> access road to the City sewer lagoons from County Road HH.5 as the access road is shown <br /> by Exhibit B. <br /> 3. PAO agrees to indemnify and hold the City harmless from any and all damages, <br /> claims, law suits, expenses, fines or assessments, attorney fees, court costs, <br /> administrative agency costs and fees, and/or repairs, provided, the proximate cause of <br /> the damages, etc., are PAO's mining operations conducted adjacent to or near the said <br /> City sewer lagoons. <br /> 4. The City agrees to indemnify and hold PAO harmless from any and all damages, <br /> claims, law suits, expenses, fines or assessments, attorney fees, court costs, <br /> administrative agency costs and fees, and/or repairs, provided,the proximate cause of <br /> the damages, etc., are the City's operations conducted adjacent to or near PAO's <br /> mining activities. <br /> 5. This Agreement shall be binding on the assigns and successors of the parties hereto <br /> and shall run with the title to the lands owned, leased, or operated by the City and <br /> PAO in the said Sections 27 and 28. <br /> 6. The signors here below state they have lawful authority to enter into this Agreement <br /> and to bind the respective parties to this Agreement. <br /> 1 <br />