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F{EC~i` y •,71erfi~ A'1;x /)~e~rr )/ <br />RECEIV~D <br />~ Nr.' ` • ~ ~ ~ NOV 2 8 2000 <br />Division o. •.~~~•~~ ~~- m,d Geology <br />ACCESS AND USE AGREEMENT Division of Minerals and Geology <br />THIS AGREEMENT IS EFFECTIVE as of the /3~" day of <br />September, 1996, by and between Schlage Lock Company, a <br />California corporation, its employees, agents, contractors, and <br />representatives (collectively referred to in this Agreement as <br />"Schlage"), and Transit Mix Concrete Company, a Colorado <br />corporation and wholly-owned subsidiary of Continental Materials <br />Company, a Delaware corporation ("Property Owner"). <br />RECITALS <br />A. Property Owner ie the record owner of a parcel of <br />real property located north of Bradley Road, in E1 Paso County, <br />Colorado, depicted on the map attached as Exhibit A to this <br />Agreement, and referred to in this Agreement as the ^Property." <br />B. Schlage is performing a groundwater remediation <br />project in the area of Bradley Road, pursuant to a Compliance <br />Order on Consent entered into between Schlage and the Colorado <br />Department of Public Health and Environment ("CDPHE") under the <br />authority of C.R.S. § 25-15-308. <br />C. In connection with the Compliance Order on Consent, <br />Schlage wishes to use the Property to conduct an investigation of <br />subsurface conditions beneath the Property, and possibly to <br />expand its groundwater remediation system, through the install- <br />ation of certain monitoring and extraction facilities, the <br />collection and analysis of soil and water samples, the perform- <br />ance of aquifer tests, and the measurement of groundwater levels, <br />and, if the remediation system is expanded, through the install- <br />ation and operation of facilities for the extraction, treatment, <br />and reinjection/infiltration of groundwater. <br />D. Property Owner is willing to allow the use of the <br />Property for the described subsurface investigation and remedi- <br />ation system expansion, subject to the terms or.~ conditions set <br />forth in this Agreement. <br />AGRBIId~7T <br />1. Property Owner hereby gives permission to Schlage <br />to access and use the Property foz the following purposes and <br />activities: <br />a. Perform monitoring (i.e. collection of water <br />samples and measurement of water levels) and other <br />investigative activities with respect to <br />