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Damage Liability Agreement <br />Albert Frei & Sons, Inc. has made application to the Colorado Mined Lands Reclamation Board for an <br />amendment to reclamation permit (Peanit # M-77-526) to expand their existing Worthing Pit sand and <br />gravel operation located in Section 26, Township I South, Range 67 West, near the intersection of Brighton <br />Road and 132nd Street, Adams County, Colorado. <br />Albert Frei & Sons, Inc. agrees to compensate Qwest Communications for any damage caused by the sand <br />and gravel mining operation to any man-made structures located within 200 feet of the amended mine <br />permit boundary approved by Colorado Mined Lands Reclamation Board. <br />This Damage Liability Agreement shall be binding upon the parties listed below and shad be effective on <br />the date the Colorado Mined Lands Reclamation Boazd approves Albert Frei & Sons, Inc.'s request for an <br />amendment to Permit # M-77-526 for the Worthing Pit sand and gravel operation. In the event, for <br />whatever reason, the Colorado Mined Lands Reclamation Board fails to approve Albert Frei & Sons, Inc.'s <br />request for an expansion of its Worthing 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 />Albert Frei an~~~~ <br />By <br />~~not(" S. frG~ 3/3//5 <br />Print Name & Titie Date <br />State of Color do <br />County of <br />I hereby certify that the foregoing document was executed before me this day of rn Ct-~!~'~' , 2005, <br />bygyQ~//1a ~+ 5. 'F4r2~ , as 52C •. of Albert Frei & Sons, Inc. on behalf of said <br />corporation. <br />Notary Public: <br />My Commission Expires: ~~ d~ 04 <br />Qwestl/emmrtatcnttatlS CoQ'~o Q/tPt"~ ~~~ <br />ay <br />% .'".uYCv'2.2 SiA.'._'.. Vii::{J` :. t, <_' a.~::,~• `'iJw_ <br />DORri_PW~ G. ARKS::.,: <br />NOTARY PUBLIC <br />STATE OF COLORADO <br />My Commission Expires 11/20/1005 <br />Sr~s~_~t-1 GA~~~k ~I -~s1~5~ <br />Print Name & Title ~ pw V"~ q.~aS ti- Date <br />State of Colorac o <br />County of '(~ q+~n S <br />I hereby certify that the foregoing document was executed before me this /.$ day of A(~t t ~ 2005, <br />by OSt ?!} (yAL~4L_ a(s'~_'~iQ7-v~'M9r onbehalfofQwest.Eemrnntrieatiolts. tJRPilR-A'C~.d~/ <br />Notary Public: ~~~ 1._ l~~~V- <br />My Commission Expires: D 61 0 20"7 <br />H. KENT WELCH <br />Notary Public <br />State of Colorado <br />MyCdrimisEionEzpires p~~py 3pp7 <br />