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5- <br />N. RECTTAI,S <br />On May 27 1977 Pe:mitNumberM-1977-211 was ;ranted to <br />Castle Concrete Company (etist'.ng operator) ("Pe^.nittee"), puauant to <br />which Pernvtteehas been conducting a mining operation in the County of El Paso ,State <br />of Colorado. <br />2. P:rmittecwisltestoassigntheperrnitto Continental Materials Corporation <br />(new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee <br />under the permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and. by <br />applicable State laws and regulations has not bees completed and is willing to assume full responsibility <br />for the completion of the Plan. <br />V,. A , FED NTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective ~q facto upon the approval by the State of the transfer of the Permit fiom <br />Perttvttee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully <br />aware of the conditions thereof. Successor understands and accepts all of the conditions of the Pemtit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore disturbed, as well as to all azeas hereafter disturbed. Successor will perform <br />all of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tenders io the State its attached Performance and Financial Warranties', which <br />are to be substiruted for the Performance and Financial Warranties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represeau to the State that, to the best of its knowledge, informatics and belief, it is net <br />in violation of any of the provisions of the Colorado Ylired Land reclamation Act with aspect to any other <br />operation conducted.by it in the State of Colorado. <br />Permiitee and Successor hereby request the State to consent to the assignment of the Permit, to recogtize <br />Successor as Successor Operazer under the Permit, and to accept the tendered substitute Pedonnance and <br />Financial Warranties in place of the Warranties presently on file with the State. <br />