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•®® Banks and Gesso, LLC 720 Kipting St.,Suite117 <br />®® Lakewood, Colorado 80215 <br />September 22, 2005 (303) 274-4277 <br />Fax (303)274-8329 <br />Silver Doliar Metropolitan District www.banksandgesso.com <br />c/o Grimshaw & Hawing, P.C. <br />1700 Lincoln Street, Suite 3800 <br />Denver, CO 80203 <br />Re: Structure Agreement for Proposed Mining Operation <br />Clear Creek District Water Providers, LLC, MMRR Quarry, Gilpin County, Colorado <br />Dear Silver Dollar Metropolitan District Management <br />Our client, Clear Creek District Water Providers, LLC is proposing to permit a rock quarry within <br />200 feet of conduit, wiring and light poles in which the Silver Dollar Metropolitan District may have <br />an interest. Given some ownership interest in a man-made structure within 200 feet of a proposed <br />mining activity - in this case the driveway to access the proposed quarry -the Colorado Division of <br />Minerals and Geology rules and regulations require us to contact you and seek your acceptance of <br />the enclosed agreement. The agreement is to the effect that the applicant (Clear Creek District <br />Water Providers, LLC) will compensate Silver Dollar Metropolitan District for any damage caused <br />by the mining operation done to a permanent man-made structure that you own within 200 feet of <br />• the affected land. The applicant will fully repair any damage or provide full compensation far any <br />damage caused by the mining operation. <br />Please do not interpret this letter or the enclosed Agreement as meaning that any damage will be <br />done. The applicant's mining operation will take every measure to avoid damage. This is a State <br />regulation with which the applicant must comply. If you do not sign the enclosed Agreement, the <br />applicant has the alternative of providing an appropriate engineering evaluation. For this <br />application, the referenced light poles were the subject of an engineering analysis submitted in <br />August of this year; the analysis concluded that no damage to the structures would occur as a <br />result of the proposed mining operations. The applicant prefers to reach an agreement with you if <br />at all possible. <br />You may sign this Agreement, with your notarized signature, and mail ii back to us in the enclosed <br />postage paid envelope. Given the District's interest in entering this Agreement, we will obtain the <br />applicant's notarized signature and return the executed original to you. If there are any questions <br />regarding the proposed operation or the terms of Phis agreement, please feel free to contact me. <br />Sincerely,~_ <br />Alex cha <br />cc: Medill Barnes <br />ATTN: Silver Dollar Metropolitan District <br />• 12541 W.38~'Avenue <br />Wheat Ridge, CO 80033 <br />encl: Structure Agreement <br />Vicinity Map <br />