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MAY-05-05 10=36 FROM: ALBERT FREI & SONS <br />ID~3032B92B65 <br />Damage Liabiliri Agreement <br />PAG <br />Albert Frei & Sous, Inc, has made application ro the Colorado Mined Lands Reclamation Board for an <br />amendment ro reclamation permit (Permit # M-?7-526) to expand their existing Worthing Pit sand and <br />gravel operation located in Section 26, Township 1 South, Range 67 Wes; near the iatersecrion of Brighton <br />Road and 132°d Street, Adarnc County, Colorado. <br />Albert Frei & Sons, Inc. agrees to compensate Dennis and Debra Deardorff for nay damage caused by the <br />sand and gravel mining operation to that portion of Brighton road within ZOD feet of and immediately <br />adjacent ro the amended mine permit boundary approved by Colorado Mixed Lands Reclamation Board <br />This Damage Liability Agreement shall be binding upon the parties listed below and shall be effective on <br />the date the Colorado Mined Lands Reclamation Boazd approves Albert Frei & Sons, Inc.'s request fox an <br />amendment to Petxait # M-77.526 for the Worthing Pit sand and grave] operation. In the event, for <br />whatever reason, the Colorado Mined Lands Reclamation Board fails to approve Albert Frei & Sons, Iac.'s <br />request fox an expansion of its Wordling Pit sand and gravel operation, then this Damage Liability <br />Agreement shall not be binding upon the parties hereto and it shall be of no further force and effect. <br />This Agreement shall be binding upon the Parties hereto when the Parries have signed it, and when it is <br />signed, it shall be eft'ecdve May 2, 2005. <br />.. .. .. ice,.. ~fi~ <br />STATE OF COLORADO ) <br />COUNTY OF ADAMS ) <br />The inSlturnent was acknowledged before me this ~ day of May, 2005 by <br />~Et.\ 1•=t2i , as 5 2Q. , . of Albers Frei and Sons, Inc., a Colorado Corporation, <br />oa behalf of said corporation. <br />Witness my hand and official seal. <br />My corrnnission expires: <br />11~ `old UQS <br />STATE OF COLORADO ) <br />COUNTY OFQ ) <br />L Notary 'c <br />DOREENA G. ARIA <br />NOTARY PUBLIC <br />STAT'EOF COLORADO <br />My Commission Expires 11R11/Z005 <br />