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6-28-1999 11:22AM FROM ADCO/BAYER/CHEROKEE 303 d52 45~ P.2
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<br />2/99
<br />Investigation p: 99-030 Attach To Document ~: 2043, 2044
<br />LICENSE AGREEMENT
<br />This LICENSE AGREEMENT ("License") is made this 16th day of June, 1999 by and between PUBLIC
<br />SERVICE CO. OF COLORADO, a Colorado Corporation hereinafter called the "Licensor," and Camas
<br />Colorado, Inc. hereinaftercalledlhe "Licensee."
<br />RECITALS
<br />A. The Licensor is the fee owner of certain real property ("the Property'), and desires to protect and
<br />preserve the utility facilities located thereon and the future use if said real property which is more particularly
<br />described as follows:
<br />Two rights -0f-ways, both lwo hundred ten (210) feet in width, located in the NE 1!4 Section
<br />17, Township 2 South, Range 67 West, as described in Book 1126, Page 449 and under
<br />Reception #718277 and the NW 1!4 of Secticn 17, Township 2 South, Range 67 West, as
<br />described ~n Book 1097, Page 454 and under Reception #707082 of the 6'" Principal
<br />Meridian, County of Adams, State of Colorado, of said county.
<br />B. Licensee desires to construct two separate slurry walls ("licensed facility") in, under, or along
<br />portions of the Premises as more particularly shown on Exhibit A-1 and Exhibit A-2, attached hereto
<br />and made a part hereof, and desires to obtain Licensor's permission therefor.
<br />AGREEMENT
<br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the
<br />receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
<br />(1) The Licensor hereby grants to the Licensee, its successors, and permitted assigns, with respect
<br />to such title and interest as the Licensor may have in the Property, and upon the terms and conditions
<br />hereinafter stated, the permission and right to construct, maintain, operate, repair, inspect, remove, and
<br />replace the licensed facility in, on, under, or along the Property. Such construclion shall be located as shown
<br />on the Licensee s Exhibit(s) attached hereto and made a part hereof by this reference. If the Licensee's
<br />construction requires any deviation in any manner from the Exhibit(s), the licensee shall notify and obtain
<br />approval for any changes from the Licensor in advance of any construction. The Licensee shall prepare and
<br />submit to the Licensor as-built Exhibit(s)depicting all deviationsfrom the original Exhibit(s) no later than thirty
<br />(30) days after completion of construction.
<br />(2) This LicenseAgreementdces not convey an interestin real property.
<br />(3) The Licensor 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 distribution,
<br />and the rights herein granted to the Licensee for the use of the Property are subject to the rights of the
<br />Licensor to use the Property for such purposes, which rights the Licensor hereby expressly reserves.
<br />(4) The Licensee shall remove at its own expense, the licensed facility from the Property or any part
<br />thereof, or relocate the same to a different location on the Property as requested by the Licensor, if the
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