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i <br />• • <br />s <br /> <br />2/99 <br />Investigation A; <br />!}~~ <br />O,c,~/ Et <br />Attach To Document >x: J~ <br />LICENSE AGREEMENT <br />This LICENSE AGREEMENT ("License") is made this 30th day of October, 2000 by and between <br />PUBLIC SERVICE CO. OF COLORADO, a Colorado Corporation hereinafter called "Licensor," and North <br />Farm Road Gravel Pit hereinafter called "Licensee." <br />aFrlTnl <br />A. Licensor is the owner of an easement or right-of-way for utility facilities (the "Premises"), and <br />desires to protect the facilities located thereon and preserve the future use of said easement or <br />right-of-way, which is more particularly described as follows: <br />SE 1/4 of Section 20 and the SW 1/4 Section 21, Township 39 North, Range 8 East <br />of the N.M.P.M., Rio Grande County, Colorado <br />B. Licensee desires to cross existing pipeline with a haul and equipment crossing road ("licensed <br />facility"} over, or along portions of the Premises as more particularly shown on Exhibit A, attached <br />hereto and made a part hereof, and desires to obtain Licensor's permission therefor. <br />AGREEMENT <br /> <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, Licensor hereby grants <br />to Licensee, with respect to such interest as Licensor may have in the Premises, the authorization <br />to construct, operate, maintain, repair, inspect, remove, and replace the licensed facility in, on, <br />under, or along the Premises, subject to the following: <br />(1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole <br />obligation of obtaining from the fee title owner of the Premises or others owning proprietary <br />interest in the Premises, such authority or rights as Licensee may need in addition to this license for <br />Licensee's use of the Premises. Licensee agrees that any authorization granted herein is subject to <br />Licensee obtaining such additional authorization. <br />(2) Licensor intends to use the Premises for the construction, operation, maintenance, <br />repair, replacement, and relocation of its utility facilities, and the rights herein granted to Licensee <br />for the use of the Premises are subject to the rights of Licensor to use the Premises for such <br />purposes, which rights Licensor hereby expressly reserves. <br />(3) Licensee shall contact the Utility Notification Center of Colorado (1-800-922-1987) for <br />location of any underground utilities, at least two working days prior to the commencement of <br />construction on the Premises. Further, if Licensor has constructed electric transmission facilities on <br />the Premises, Licensee shall contact Licenser's Electric Transmission Lines department at (303) <br />273-4655 at least four working days prior to the commencement of construction on the Premises. <br />At the discretion of Licensor's Electric Transmission Lines department, construction activities on the <br />Premises shall be performed only when Licensor's representative is present. The instructions of <br />• such representative relating to the protection of Licensor's facilities will be followed by Licensee, <br />and will be considered conditions of this authorization. <br />1of4 <br />