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AGREEMENT TO MINE WITHIN 200 FEET <br />OF PERMANENT MAN-MADE STRUCTURES <br />THIS AGREEMENT, entered into this 19th day of Febmary, 2003, by and between Aggregate Industries <br />-West Central Region, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd. Suite 100, <br />Golden, CO 80401, and Sinclair Pipeline Company, hereinafter called "Sinclair", whose address is 8581 East 96'" <br />Ave., Hendetson, CO 80640. <br />Aggregate Industries has a State of Colorado Mined Land Reclamation Board Permit, M1999034, to mine <br />sand and gravel and to reclaim the property as identified in [he in [he legal description enclosed as "Exhibit A". <br />Sinclair owns a permanent man-trade structure or stmcmres within 200 feet of the land affected by the <br />mining and reclamation operations. The description of the structure(s) is as follows: Buried refined petroleum <br />products pipeline. Attached for reference in identifying the location of the stmcmre(s) is "Exhibit B ". Exhibits A <br />and B are attached hereto and made a part of this Agreement by reference. <br />Aggregate Industries must obtain permission from Sinclair in order to conduct operations closer than 200 <br />feet to the structures owned by Sinclair. In addition, Aggregate Industries must commit to repairing, replacing or <br />compensating Sinclair for any damage that might be caused to its structures by the mining operation of Aggregate <br />Industries at this site. <br />By this agreement, Aggregate Industries requests authorization from Sinclair to conduct mining operations <br />within 50 feet of the Sinclair pipeline, and Sinclair hereby grants this permission. <br />Aggregate Industries conmtits that, if its operation causes damage to the structures of Sinclair contained <br />within said easement, Aggregate Industries will pay all costs of the repair or replacement of the structures or <br />compensate Sinclair for the value of said stmctures. Aggregate Industries shall also indemnify and hold Sinclair <br />hamdess from any damage, claim, injury, loss or expense whatsoever that may result as a consequence of its mining <br />operations at the site identified in Exhibit A. <br />The parties hereto acknowledge and agree to the above-stated items. <br />AGREED: <br />Aggre~at~Cn~i tries -West Central Region, Inc. <br />By: GV <br />Date: ~ ~ t ~~ <br />State Of Colorado ) <br />ss. <br />County of t1~ L~~p~ <br />The foregoing instmment was acknowledged before me this ~~"`tlay ofd, 20~, by <br />~j a`~rCac.,~ t? C~pR IJ as t/t c e' f t7p•'3 ~~~ry'7' of Aggregate Indushies -West Central Region, Inc. <br />(SEAL) <br />My Conmijssion expires: ./- 3- o ~ <br />Notary Public <br />Agreement To Mine Within 200 Fee[ of Permanent Man-Made Structures <br />Aggregate Industries/Sinclair <br />Page 1 or2 <br />