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<br />Investigation If: 98-241 Attach To Document #:159618
<br />LICENSE AGREEMENT
<br />This LICENSE AGREEMENT ("License") is made this 25th day of September, 1998 by and
<br />between PUBLIC SERVICE CO. OF COLORADO, a Colorado Corporation, and Tri-State Generation and
<br />Transmission Association Inc., a Colorado Corporation hereinafter called "Licensor," and Custom
<br />Crushing, Inc. hereinafter called "Licensee."
<br />RECITALS
<br />A. Licensor is the owner of an easement or right-of-way for utility facilities (the "Premises"1, and
<br />desires to protect the facilities located thereon and preserve the future use of said easement or
<br />right-of-way, which is more particularly described as follows:
<br />Section 11, Section 14, Township 6 South, Range 93 West of the 6"' Principal
<br />Meridian, County of Garfield, State of Colorado.
<br />B. Licensee desires to Mine Gravel ("licensed facility") in, under, or along portions of the Premises
<br />as more particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to
<br />obtain Licensor's permission therefor.
<br />AGREEMENT
<br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable
<br />consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor hereby grants
<br />to Licensee, with respect to such interest as Licensor may have in the Premises, the authorization
<br />to construct, operate, maintain, repair, inspect, remove, and replace the licensed facility in, on,
<br />under, or along the Premises, subject to the following:
<br />i1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole
<br />obligation of obtaining from the fee title owner of the Premises or others owning proprietary
<br />interest in ifte Premises, such authority or rights as Licensee may need in addition to this license for
<br />Licensee's use of the Premises. Licensee agrees that any authorization granted herein is subject to
<br />Licensee obtaining such additional authorization.
<br />(2) Licensor intends to use the Premises for the construction, operation, maintenance,
<br />repair, replacement, and relocation of its utility facilities, and the rights herein granted to Licensee
<br />far the use of the Premises are subject to the rights of Licensor to use the Premises far such
<br />purposes, which rights Licensor hereby expressly reserves.
<br />131 Licensee shall contact the Utility Notification Center of Colorado (1-800-922-1987) for
<br />location of any underground utilities, at least two working days prior to the commencement of
<br />construction on the Premises. Further, if Licensor has constructed electric transmission facilities on
<br />the Premises, Licensee shall contact Licensor's Electric Transmission Lines department at (303)
<br />273-4655 at least four working days prior to the commencement of construction on the Premises.
<br />At the discretion of Licensor's Electric Transmission Lines department, construction activities on the
<br />Premises shall be performed only when Licensor's representative is present. The instructions of
<br />such representative relating to the protection of Licensor's facilities will be followed by licensee,
<br />and will be considered conditions of this authorization.
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