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-4- <br />N. RECITALS <br />1. On January 5 2004 permit Number M-1987-113 „~ gra»ted to <br />Centennial Aggregates, LLC {existing operator) {"Permittce"), pursuant ro which <br />Permittce has been conducting a raining operation in the County of Jefferson .State of Colorado. <br />2. Pernrittce wishes ro assign the permit ro Hall Irwin Corporation (crew <br />operator}, as Sucetssor Operator ("Sttecessor"} and Successor wishes to become Successor Perndttee under the <br />pemit. <br />3. Successor understands [hat the reclamation plan (the "Plan") required by the permit and by applicable <br />State leas amt regulations lute not been completed and is willing ro assume full responsibr7ity for the completionof <br />the Plan. <br />V. AGREEMENTS <br />Perrtrittce and Successor hereby agree, for their own benefit artd far 11~ benefit of the State, such agreements ro be <br />effective ipso ~ upon the approval by the State of the transfer of the Pemit firm Pertnittce ro Successor, as <br />follows: <br />1. Successor teas inspected the mining and reclamation operation ro its entire satisfaction acrd is fully aware <br />of the condition thereof. Successor urrderatarrds and accepts all of the conditions of the Permit <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such planes to <br />all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obtigation of the Permitcee under the Permit which have rat hererofore been perfomred by Permitbee. <br />3. Successor hereby tenders ro the State its attached Performance a~ Financier Warranties', wltich are ro be <br />substituted for the Performance and Firncial Warranties ]rereiofare filed by the Permittee, effective upon the <br />release of the latter Warranties. <br />4- Successor represents ro the State that; to the best of its Imowledge, information and belief; it is not in <br />violation of any ofthe pro~hsion ofthe Colorado Mimed Land reclamation Act with respell ro any other operator <br />conducted by it in the State of Colorado. <br />Permittce and Successor hereby request the 3tabe to current ro the assigrmrerrt ofthe Permit, ro recogrdze Successor <br />as Successor Operator under the Pernrit, and ro accept the tendered substitute Perfor~rtce and Financial <br />Warranties in place of the Warra~es presently on file with the Smte. <br /> <br />