Laserfiche WebLink
Exhibit A <br /> (See attached legal description.) <br /> Exhibit B <br /> COMPENSATION AGREEMENT <br /> This COMPENSATION AGREEMENT is made this '3 i(�day off,20'Uby and <br /> between PUBLIC SERVICE COMPANY OF COLORADO,a Colorado corporation hereinafter <br /> called "PSCo"and MineWater,LLC,hereinafter called"MineWater." <br /> RECITALS <br /> A. PSCo is the owner of certain real and personal property assets described on Exhibit A, <br /> attached hereto and made a part hereof(collectively referred to as the"Property"),and desires to protect <br /> and preserve the utility facilities located thereon and the future use of said Property for utility purposes. <br /> B. MineWater desires to undertake mining activities within 200 feet of the Property as <br /> more particularly described on Exhibit B, attached hereto and made a part hereof, (the "Mining <br /> Activity"),and desires to obtain PSCo's permission therefor. <br /> C. The STATE OF COLORADO, DIVISION OF RECLAMATION, MINING AND <br /> SAFETY hereinafter called the"Division,"requires that where a mining operation will adversely affect <br /> the stability of any significant,valuable and permanent man-made structure located within 200 feet of <br /> the affected land,MineWater shall provide a notarized agreement between MineWater and PSCo,that <br /> MineWater is to provide compensation for any damage to the structure. <br /> D. PSCo is willing to consent to the Mining Activity subject to the terms and conditions <br /> stated in this Agreement. <br /> AGREEMENT <br /> NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br /> follows: <br /> 1. This Agreement does not convey an interest in real property. The parties do not by this <br /> Agreement intend to create a lease,easement or other real property interest. Nothing contained in this <br /> Agreement shall be deemed or construed to create a partnership or joint venture of or between PSCo <br /> and MineWater, or to create any other relationship between the parties. <br /> 2. PSCo intends to use the Property for all purposes in connection with electric power <br /> generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or <br /> distribution, and the rights herein granted to MineWater are subject to the rights of PSCo to use the <br /> Property for such purposes, which rights PSCo hereby expressly reserves. <br /> 3. MineWater shall not interfere with PSCo's activities or facilities on the Property, and <br /> MineWater shall construct, maintain and operate the mine and conduct the Mining Activity in a safe <br /> and prudent manner considering overhead electric distribution lines located within 200 feet of the <br /> Mining Activity and any other PSCo facilities located on or below the surface of the Property. <br /> 4. MineWater has been fully advised by PSCo that such overhead electric distribution <br /> facilities may now transport and may continue to transport electric current at significant voltage. <br /> MineWater shall advise all of its employees,agents, contractors,and other persons who need to know <br /> 2016 <br />