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<br /> <br />DELTA COUNTY, COLORADO <br />BOARD OF COUNTY COMMISSIONERS <br />COUNTY COURTHOUSE-601 PALMER STREET SUITE ]27 -DELTA-COLORADO-61416-1796 <br />PHONE: (970) 874-2100 FA%: (970) 674-2174 <br />Dill. 1: Jim D. Venlrello - Disl. 2' Donna R. Ferganchick - Dist. 3: Ted H. Hayden <br />ExJtibit "S", Page 2 <br />Permanen[ Man-made Structures AGREEMENT <br />Triantos Gravel Pit <br />THIS AGREEMENT made and emered into this 9th day of December 1997 by and <br />between the Cotmty of Delta, State of Colorado (hereinafter referenced as the OPERATOR) and Delta-Montrose <br />Electric Association, (hereinafter referenced as the OWNER). <br />WITNESSETH: <br />It is anticipated that the proposed mining operation of the Triantos Gravel Pit, located in part of the NW <br />1/4, SW 1/4, Sec. 21, T15S, R96W, 6th P.M. will at some point fall within 200 feet of the Delta- <br />Montrose Electric Association power lines as indicated on the attached map. The location of these power <br />poles are well out of the proposed mining operation plan and will not cattle a problem. <br />2. The OWNER and OPERATOR hereby mutually agree that any damage effected to the Delta-Montrose <br />Electric Association power lines (located on attached Exhibit "A"), and caused directly or indirectly by <br />the OPERATOR or his employees or agents in the prosecutioD of work necessary to mine and process <br />gravel from the subject tract of ground shall be compensated for by the OPERATOR according to the <br />level of damage caused by OPERATOR and mutually agreed to by both OWNER and OPERATOR. <br />3. The OWNER and OPERATOR hereby mutually agree that this Agreement shall remain in full force and <br />effect udess and until the Agreemem between the parties hereto and is completed or withdrawn. <br />OPERATOR: <br />DELTA COUNTY COMMISSIONERS <br />BY: / L,~ G~• O ~~ <br />Jim ~j~Ventrello, Commissioner <br />DisQrict Nl <br />STATE OF COLORADO, ) <br />ss. <br />COUNTY OF DELTA ) <br />[ do hereby certify that Jim D. Ventrel to <br />who executed the foregoing iactrument, personally appeared before me this 9th day of December - ]997 <br />Witness my hand and official seal. ~~!! ""/~ <br />[~d/(~- c~~t?Pant~ <br />TNotary Public <br />My Commission Expires: Dec. 21, 1999 <br />-45- <br />