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MAY-05-05 10=37 FROM: ALBERT FREI & 50NS <br />ID: 3032892865 <br />Damage Liability Aereement <br />PAGE <br />Albers Frei & Sons, Inc, has made application to the Colorado Mined Lands Reclamation Board for an <br />amendment to reclamation permit (Permit # M-77-526) to expand their exis[ing Worthing Pit sand and <br />gravel operation located in Section 26, Township 1 Sauth, Range 67 West, near the intersection of Brighton <br />Road and 132nd Street, Adams County, Colorado. <br />Albert Frei & Sons, Inc. agrees to compensate Albert R. Frei Living Trust fox any damage valued by <br />t}Ie sand end gavel mining operation to that portion of Brighton road within 200 feet of and irnntediately <br />adjacent to the amended mane permit boundary approved by Colorado Mined Lands Reclamation $oard. <br />This Damage Liability Agreement shall be binding upon the parties listed below and shaII 6e effective oa <br />the dale the Colorado Mixed Lands Reclamation Board approves Albert Frei & Sows, Iac.'s request for an <br />atneadmeat to Permit # M-77-526 for the Worthing Pit sand and gavel operaUioa. In the even; for <br />whatever reason, the Colorado Mined Lands Reclamation Board fails ro approve Albers Frei & Sons, Ine.'s <br />request for an expansion of its Worthing Pi[ sand and grovel operation, rhea this Damage Liability <br />Agreement shall not be binding upon the parries hereto and it shall be of no further force and effect. <br />This Ageement shall be binding upon the Parties hereto when the Parties have signed it, and when it is <br />signed, it shall be effective May 2, 2005. , <br />Albert lrei and Sons, Inc. <br />.. ;:.... ....'. s :. ;. <br />By~ N""~r <br />Tile: <br />STATE OF COLORADO ) <br />COUNTY OF ADAMS ) <br />The instrument was ac)mowledged before me this ~ day of May, 2005 by <br />~t-~ .Fv'2 j , as See , of Albert Frei and Sons, Inc., a Colorado Corporation, <br />on behalf of said corporation. <br />Wimess my hand goad official seal. <br />My commissi~on,~exp~ires: <br />0. <br />Notary Publi <br />DOREENA G. AR[~ <br />N~7ARY PUBLIC <br />STATE OF COLORADO <br />~ GOmRijssion Expires 11208006 <br />6/5 <br />