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AGREEMENT <br />This agreement is made by and between L. G. Everist, Inc. (Applicant), 7321 E. <br />88~h Avenue, Suite 200, Henderson, CO 80460, and Public Service Company of <br />Colorado (PSCo), 550 15~h Street, Suite 700, Denver Colorado 80202. <br />Public Service Company of Colorado owns electric and/or gas transmission <br />and/or distribution utility facilities and associated appurtenances located on a <br />portion of the following described property: Portions of the E/2 of the NE/4 of <br />Section 25, Township 2 North, Range 67 West, and the NW/4 of Section 30, <br />Township 2 North, Range 66 West, both in the 6~h P.M., Weld County, Colorado. <br />Applicant proposes conducting mining activities on or near the property on which <br />the PSCo facilities referenced above are located, and has or will apply to the <br />Colorado Division of Minerals and Geology for a Construction Materials Regular <br />112 Operation Reclamation Permit. The Construction Material Rules and <br />Regulations of the Colorado Mined Land Reclamation Board require the <br />Applicant to provide a notarized agreement between fhe Applicant and the <br />person(s) having an interest in significant or permanent man-made structures <br />located within two hundred (200) feet of the affected land, stating that the <br />Applicant agrees to provide compensation for any damage to said structures. <br />Therefore, Applicant agrees to assume responsibility and to pay for any damage <br />to PSCo or PSCo's facilities resulting from its mining operations. In addition, <br />Applicant is responsible for all costs associated with the relocation of any PSCo <br />facilities necessary to accommodate the mining operation. Applicant agrees to <br />separately enter into a License Agreement with PSCo for any work to be <br />performed on any PSCo property or within any easement held by PSCo, <br />including the use of any roads crossing any such property or easement. <br />This Agreement shall not be construed to limit the rights or remedies available to <br />PSCo. <br />In witness :•rhereof, the parties sign and accept this agreement on the Z3 LZ? <br />day of ~~T1? azr~ 2004. <br />APPLICANT <br />By: r~/~~~ <br />Title: Ot~ M~,~_ <br />1 of 2 <br />