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24-Jul-2007 10:44 AM Asphalt Paving 3032796216 AGREEMENT FORTHE USE OF PROPERTY AND RESPGNSIBILITiE3 FOR RECLAMATION PERMiT M-1993-035 THIS AGREEMENT FOR THE USE OF PROPERTY AND RESPONSIBILITIES FOR RECLAMATION PERMIT M-1993-035 is entered this day of Tune, 2007 by and between Summit County Government ("County"), Town of Breckenridge ("Town") (County and Town are hereafter refereed to together as the "Owners', and the Alpine Rock Company, a Colorado corporation ("Alpine Rock"). RECITALS: WHEREAS, the property known as the Swan River Resource, as described in Colorado Department of Natural Resources Division of Reclamation Mining and Safety ("DBMS") File No. M-1993-035 (the "Property") is owned by the Owners; and WHEREAS, the Property is subject to Colorado Regular 112 Mining and Reclamation Permit No. M-1993-035 {the "Reclamation Permit"), which is held by Alpine Rock; and 2/6 WHEREAS, Alpine Roclc has conducted mining on the Property and intends to eliminate Reclamation Permit site acreage where mining and reclamation are not anticipated in the future; and -... _.. ___....-.. _ .... -. _ .. WHEREAS, Alpine Rock's lease, providing legal right-of-enny from the land owner, was temrinated when the previous land owner, B&B Mines, conveyed the subject property to the Owners; and WHEREAS, for areas still subject to mining and reclamation under the Reclamation Permit, Alpine Rock must reestablish that the entity responsible for mining and reclamation has the right-of-enhy onto the Property (DBMS Correspondence of April 16, 2007); and WHEREAS, the patties desire to enter this Agreement for the purpose of establishing Alpine Rock's continuedright-of-entry onto the Properly for purposes of completing reclamation work pursuant to the Reclamation Permit; and WHEREAS, pursuant to the Reclamation Permit, Alpine Rock provided a financial warranty of $34,339.00 for the propose of ensuring its completion of certain specific post-mining reclamation activities of up to 14.5 acres of the site ("Financial Warranty"); and WHEREAS, Alpine Rock has completed its mining activities on the Property and only its reclamation responsibilities pursuant to the Reclamation Pemrit remain; and WHEREAS, the Ovniers desire to beneficially use the Property as a fill and gavel source and a receiving site for topsoil and the Owners' reclamation plans for the Property exceed those provided iu the Reclamation Permit; and WHEREAS, the Parties desire to enter this Agreement for the purpose of assigning Alpine Rock's Reclamation Permit site reclamation responsibilites from Alpine Rock to Owners