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Damage Liability Agreement <br />Albert Frei & Sons, Inc. has made application to the Colorado Mined Lands Reclamation Board for an <br />amendment to reclamation permit (Permit # M-77-526) to expand their existing Worthing Pit sand and <br />gravel operation located in Section 26, Township 1 South, Range 67 West, near the intersection of Brighton <br />Road and 132nd Street, Adams County, Colorado. <br />Albert Frei & Sons, Inc. agrees to compensate Dennis and Debra Deardorff for any damage caused by the <br />sand and gravel mining operation to that portion of $dghton road within 200 feet of and immediately <br />adjacent to the amended mine permit boundary approved by Colorado Mined Lands Reclamation Board. <br />This Damage Liability Agreement shall be binding upon the parties Listed below and shall be effective on <br />the date the Colorado Mined Lands Reclamation Boazd approves Albert Frei & Sons, Inc.'s request for an <br />amendment to Permit # M-77-526 for the Worthing Pit sand and gravel operation. In the event, for <br />whatever reason, the Colorado Mined Lands Reclamation Board fails to approve Albert Frei & Sons, Inc.'s <br />request for an expansion of its Worthing Pit sand arid gravel operation, then this Damage Liability <br />Agreement shall not be binding upon the parties hereto and it shall be of no further force and effect. <br />This Agreement shall be binding upon the Parties hereto when the Parties have signed it, and when it is <br />signed, it shall be effective May 2, 2005. <br />Albert Frei and Sons, Inc <br />i ~ c <br />By <br />Title Cj'(G <br />STATE OF COLORADO ) <br />COUNTY OF ADAMS ) <br />Debr eardorff <br />The instrument was aclmowledged before me this ~ day of May, 2005 by <br />~.F~.1 ~('2\ , as ~j Z.O.. , of Albert Frei and Sons, Inc., a Colorado Corporation, <br />on behalf of said corporation. <br />Witness my hand and official seal. <br />My commission expires: <br />Q. <br />Notary P lic <br />I I ~ ao oos <br />STATE OF COLORADO ) <br />COUNTY OF~~D <br />DOREENA G. ARKE <br />NOTARY PUBLIC <br />STATE OF COLORADO <br />MY Commission Expires 11CI0l2005 <br />