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05/09/1997 09:56 71927586 MCDERMOTT LAW F~ <br />AGRBSMSRT <br />This is an agreement between T.H.E. Aggregate Source, <br />Heavy Equipment Company, Inc. and Edward J. Tezak, Jr. <br />severally (hereinafter referred to as "Tezak"), and <br />Rita Everett (hereinafter together referred to as <br />Colita N. Smith and Philip B. Smith (hereinafter tope <br />to as "Smiths") (hereinafter together referred to as <br />and Everetts"). <br />RECITALS: <br />PAGE 03 <br />Inc. Tezak <br />jointly and <br />Dart Everett, <br />"8~+eretts") , <br />they referred <br />tt~e "Smiths <br />A. The Smiths and Sveretts recognize Tezak's right to <br />operate and expand T.H.E. Aggregate Source, Inc,'s quarry <br />(hereinafter referred to as the "Quarry") and Tezak's <br />maintenance facility {"Maintenance Shop") in a way that <br />is profitable and within all federal, state, county and <br />local environmental, health, and land use regulE~tiona and <br />codes. <br />B. Tezak recognizes the Smiths' and Everetts', right to <br />petition to governmental authorities to remedy situations <br />resulting from the failure of Tezak, of his customers, to <br />comply with governmental regulations regarding the <br />operation of the Quarry, Maintenance Shop and other <br />businesses on the quarry and neighboring sites;. Tezak <br />further recognizes the Smiths' dnd Sveretts', right to <br />petition to all federal, state, county and local agencies <br />to oppose future quarry expansion plans that coo beyond <br />that which is specifically agreed to in this a<~reement. <br />IN CONSIDERATION OF the mutual promises, benefits and dE~triments <br />set forth in the recitals or in the body of this agreertient, the <br />parties agree as follows: <br />1. Alternate Road and Associated Impacts <br />a, To alleviate dust, noise and other impacts ae;eociated <br />with the Tunnel Drive access to the Quarry, Tezatk agrees <br />to build an alternate road to the quarry operation. In <br />addition to agreeing to build the alternate road, Tezak <br />agrees, and shall request, that construction of 'he new <br />haulage road be a condition contained in the graa~tinq of <br />the amendment application presently pending befc,ze the <br />Colorado Division of Minerals and Geology (Permi.t No. M- <br />77-193). <br />b. The Smiths and Sveretts are concerned that the alternate <br />road, when placed in operation, may not alleviate all of <br />the dust, noise and associated problems on Tunnel Drive. <br />Page 1 <br />