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-2- <br />• II. RECITALS <br />1. On September 27 ~ 1978 Permit Number M-77-213 was granted <br />t0 Castle Concrete Comoanv (existing operator) <br />("Permlttee"), pursuant to which Permlttee has been conducting a mining operation <br />in the County of El Paso State of Colorado. <br />2. Permlttee wishes to assign the permit to Transit Mix Concrete ~nm~any (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become <br />Successor Permittee under the permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the <br />permit and by applicable State laws and regulations has not been completed and is <br />ruling to assume full responsibility for the completion of the Plan. <br />III. AGREEMENTS <br />Permlttee and Successor hereby agree, for their own benefit and for the benefit of <br />the State, such agreements to be effective 1ps0 facto upon the approval by the <br />State of the trasnfer of the Permit from Permlttee to Successor, as follows: <br />1. Successor has Inspected the mining and reclamation operations to its entire <br />• satisfaction and is fully aware of the conditions thereof. Successor understands <br />and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability <br />for completing such plan as to all areas heretofore disturbed, as well as to all <br />areas hereafter disturbed. Successor will perform all of the obligations of the <br />Permittee under the Permit which have not heretofore been performed by Permittee. <br />3. Successor hereby tenders to the State Its attached Performance and Financial <br />Warranties', which are to be substituted for the Performance and Financial <br />Warranties heretofore flied by the Permittee, effective upon the reiease of the <br />latter Warranties. <br />4. Successor represents to the State that, to the best of its knowledge, <br />information and belief, it is not in vtoiation of any of the provisions of the <br />Colorado Mined Land reclamation Act with respect to any other operation conducted <br />by it to the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of <br />the Permit, to recognize Successor as Successor Operator under the Permit, and to <br />accept the tendered substitute Performance and Financial Warrantees in place of the <br />Warranties presently on file with the State. <br />• ' Attach executed Financial and Performance Warranties, Exhibit A - Legal <br />Description, an Exhibit B - Location Map, and Proof of Legal Right-to-Enter. <br /> <br />