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<br />DELTA COUNTY, COLORADO <br />BOARD OF COUNTY COMMISSIONERS <br />COUNTY COURTHOUSE - 501 PALMER STREET -SUITE 277 -DELTA -COLORADO - 81416-1796 <br />PHONE: (970) 874-2100 FAX: (970) 874-2114 <br />Dist. 1: Jim D. Ventrello - Dist. 2: Donna R. Ferganchick - Dist. 3: Ted H. Hayden <br />Exhibit "S'; Page 5 <br />Permanent Man-made Structures AGREEMENT <br />Triantos Gravel Pit <br />THIS AGREEMENT made and entered into this 9th day of December 1997 by and <br />between the Couuty of Delta, Stale of Colorado (hereinafter referenced as the OPERATOR) and <br />Tom Kucel, d/b/a Kathy's Kar Wash, Iuc. (hereinaher 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 114, Sec. 21, TISS, R96W, 6th P.M. will at some point fall within 200 feet of an old <br />abandoned structure located on your property as indicated on the attached map. The location of this <br />structtre is well out of the proposed mining operation plan and will not cause a problem. <br />2. The OWNER and OPERATOR hereby mutually agree that any damage effected to the above men[ioned <br />swcture, located on attached Exhibit "A", and caused directly or indirectly by the OPERATOR or his <br />employees or agents in the prosecution of work necessary to mine and process gravel from the subject <br />[tact of ground shall be repaired by the OPERATOR. Said structure will be repaired to as near the <br />condition before damage as possible. <br />3. The OWNER and OPERATOR hereby mutually agree that this Agreement shall remain in full force and <br />effect unless and until the Agreement between the parties hereto and is completed or withdrawn. <br />OPERATOR: <br />DELTA COUNTY COMMISSIONERS <br />STATE OF COLORADO, ) <br />ss. <br />COUNTY OF DELTA ) <br />c <br />BY: <br />Jim .Ventrello, Delta County Commissioner <br />District Nl <br />idoherebycertifythat Jim D. Ventrello <br />who executed the foregoing instrttment, personally appeared before me this 9th day of December 1997 <br />Witness my hand and official seal. <br />~.(P4~X~~~ ~zZ~-.tip <br />Notary Public <br />My Commission Expires: Dec. 21, 1999 <br />-48- <br />