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<br />General Agreement <br />THIS AGREEMENT, made this 8T" day of August 2001, by and between Asphalt Constructors, <br />Inc., a Colorado Corporation, hereinafter referred to as ACI (First Party) and Xcel Energy, hereinafter <br />referred to as Owners (Second Party). <br />WITNESSETH That in consideration of the mutual covenants and agreements to be kept and <br />performed on the part of said parties hereto, respectively as herein stated the said party of the first part <br />does hereby covenant and agree that tt shall: <br />The State of Colorado Division of Minerals and Geology have required as a condition of our <br />mining operation, that an agreement exists concerning possible structural damage to the <br />power lines hereinafter referred to as structures attributable to the mining activity. Rio <br />Grande County has also required ACI to maintain a one hundred foot buffer from the <br />property line to the beginning of the pit. ACI agrees that in the event of damage to these <br />structures, which results from a geotechinical failure related to the mining operation, that <br />the structures would be repaired. <br />And said party of the second part covenants and agrees that tt shall: Owners agree not to <br />operate the structures in any fashion, which may contribute, to any failure. <br />This agreement shall be binding upon the parties, their successors, assigns and personal <br />representatives. Time is of the senescence on all undertakings. This agreement shall be enforced <br />under the laws of the State of Colorado. This is the entire agreement. <br />Signed the day and year first above written. <br />Signed in the presence of: <br />Owners Represe/ntative: <br />Xcel Energ~~~ f ~<;c~.c___ <br />~~~ ~~~. <br />State of Colorado ) <br />SS <br />County of Alamosa) <br />Asphalt Constructors, Inc. <br />Todd A. 5tockebrand, Secretary <br />On this ,~_day of - y ~, , 2001, before the Subscriber personally appeared <br />,34>t ~cIS ~,,, . CI,s .~9.R_ to me personally known, and known by me to be the <br />persons described in, and who executed the foregoing instrument and acknowledged this act and deed <br />Witness my hand and seal <br />c~ <br />.Notary ~',~,`~. <br />n ~; <br />My Commi~s~ion xpi~es '1- 9 - ~,oo a <br />:. - , Fr. <br />f <br />OF COLU <br />