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' OCT-23-2001 12 21 RCI RLRMOSR P.02 <br />• • <br />Ge~~eral Agreement <br />THIS AGRE MENT, made this 12th day of October 2001, by and between Asphalt <br />Constructors, Inc., Colorado Corporation, hereinafter referred to as ACI (t=lrst PeAy) and Ra Grande <br />Canal Water Users ssoaation, hereinafter rferred to as Owners (Second Patty). <br />WITNESSE H That in conslderetlon of the mutual covenants and agreements to be kept and <br />performed on the rt of said parties hereto, respectively e9 herein stated the said party of the first part <br />does hereby coven nt and agree that it shall: <br />1. The St of Colorado Division of Minerals and Geology have n~quired as a condltlon of our <br />mining peratlon, that an agreement e>dsts concerning posal6le structural damage to the <br />Rio Gre da Lateral hereinafter referred to as structures attrlbuteble to the mining activity. <br />Rio Gra de County has also required ACI to maintain a one hundred loot bufferirom the <br />props line to the beginning of the pit AGI agrees that in the event of damage to these <br />structu s, which results from mining operation, that the struttufes would ba repaired. <br />II. And sai party of the second part covenants and agrees that it shall: Owners agree not to <br />operate the structures in any unusual fashion, which may contribute, to any failure. <br />This agree nt shall be binding upon the parties, their suroessors, assigns and personal <br />representatives. Ti a Is Of the essence on all undertakings. This agreement shall be ®nfotced under <br />the laws of the Stet of Colorado. This Is the entire agreement. 1 ~~e~Ve <br />d <br />-' Signed the day and ear first above wrftten. ~C,r <br />1:.: <br />L <br />Signed in the prase ce of: 3 2101 <br />~: <br />p~,,_~~~a9o Fie! <br />~.: Owners Represent ive: Asphalt Constructors~~ Inc t ofM~^Brars g Leo ~Y <br />r:.. .. <br />Rio de Canal star Todd A. Stockebrand, Secretary <br />~. Users Association <br />~;... . <br />State of Cobrddo ) <br />) <br />S <br />) <br />County of Alamosa <br />On this z.3aJ da , 2007, before the Subscriber personalty appeared <br />to me eraonally known, and known by me to be the <br />