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<br /> <br />-4- <br />IV. RECITALS ~Q~m~ ,L(~ <br />~ 11 ail ~ <br />ZUUO Sf`-P <br />1. On lNl~-'~ ~ UO'~7 Permit Number M+197 B-221 was granted to <br />D' Aun Manqus & LaTOnne Manqus (existing operator) ("Permittee"),pursuant to which <br />Permittee has been conducting a mining operation in the County of Rio Blanco State of Colorado. <br />Klinglesmith <br />2. Permittee wishes to assign the permit to Lowell Klinglesmith & Lenny (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Pemrittee under the <br />permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the pemit and by applicable <br />State laws and regulations has no[ been completed and is willing [o assume full responsibility for the completion of <br />the Plan. <br />V. AGREEMENTS <br />Pemtittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements ro be <br />effective ~ facto upon the approval by the State of the transfer of the Permit from Pernittee to Successor, as <br />follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware <br />of the conditions thereof. Successor understands and accepts all of the conditions of [he Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to <br />all aeeas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Petrnittee under the Permit which have not heretofore been performed by Permittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Wa:rarrfies*, which aze to be <br />substituted for the Performance and Financial Warranties heretofore filed by the Penauttee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to the State [hat, to the best of its Imowledge, information and belief, it is not tu <br />violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other operation <br />conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor <br />as Successor Operator under the Pemvt, and to accept the tendered substitute Performance and Financial <br />Waranties in place of the Warranties presently on file with the State. <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-119, C.R.S., ajlhe <br />Mined Land Reclamation Act and 34-32.5-119, C.RS., of the Colorado Land Reclamation Act jor the Extraction of <br />Construction Materials. Any alteration or modtfrcation offhis jorm shall result in voiding any permit Issued on the <br />altered or modijled form and subject the operator to cease and desist orders and civit penaJtiesjoroperating wrlhou! a <br />permit pursuant to sections 34-32-123, C.RS, of the Mixed Land Reclamation Act and 34-32.5-123, C.RS., ojthe <br />Colorado Land Reclamation Act for the Extraction ajConstruction Materiafs. <br />~~X <br />