2003-04-28_REVISION - M1992049 - Laserfiche WebLink

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-4- N. RRCI"I'AT S 1. On ~7,n~,13 ,t gcao PetntitNumber ~ t aa~-na4 was granted to Peck, Inc. (existing operator) ("Permittee"), Pursuant to which Penniuee has been conducting a mining operation in the County of ~'aY ,State of Colorado. 2. Permittee wishes to assign the permit to Vista Verde Villaae, ISC (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the per~arit. 3. Suceessor understands that the mlamation plan (rho "Plan") required by the permit and by applicable State laws and regulations has not been completed and is willing w assume full responsibility for the completion of the Phur. V. AG~EMEIVTS Permittee and Successor hereby agree, for then own benefit and for the benefit of the State, such agreements to be effective 1p~2 ~lQ upon the approval by the State of the transfer of the Permit from Permittee to Successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. 2. Successor will c~tplete the reclamation plan, and hereby assumes liability for completing such plmr as to all mess heretofore distutlred, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Permittee ands the Permit which have not heretofore been performed by Peanittce. 3. Sucrssor hereby tenders to the State its attached Performance and Financial Warranties", which are to be substituted for the Performance and Financial Warranties heretofore fled by the Permittee, effective upon the release of the latter Warranties. 4. Successor represents to the State that, to the best of its lsowledge, information and belief, it is not in violation of arty of the provisions of the Colorado I~Smed Land reclamation Act with respect to any other opaacion conducted.by it in the Stau of Colorado. Pemuttee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file vrith the State.