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-4- <br />IV. RECITALS <br />On Suly 19 1999 Permit Number ML449022 was grantedifl <br />Crites Rand and Gravel (existing operator) ("Perminee"), pursuant to which Permittee has been <br />conducting a mining operation in the County of- $aguache . State of Colorado. <br />2. Pemiltteewishestoassigathepertuitto Eddie Clayton (new operator), as <br />Successor Operator ("Successor") end Successor wishes to become Successor Permrittee under the permit <br />3. ,.Sacces>-a• uadersimtds that the rec!amatian~plan (>he `Pl~an~rr.;uired by the_pF.rmit.and,oy_appL•cablo Sts~~, laws and_, _-- <br />-"-- - reguiiino`us Hers rio7been completed a`ud is wtiiing to assume f'uli responsibility for the coatplction of the Plan. <br />V. AGREEMENTS <br />F - _, __. <br />Pertnittee and Successor hereby agree, for their own benefit and for [he benefit of the State, such agreements to be eflective~so facto <br />upon the approval by the State of the transfer of the Permil from Permittee to Successor, as follows: <br />l . Successor has inspected the mining and rectamation operations to its entire satisfaction and is fully aware of the conditions <br />thereof. Successor understands and accepss all of the conditions of the Permit <br />2. Stxcessorwillcompletetbereclemationplan,®dhaebyassumesliabilityforccnrgrletingsu~planesfoallareashaetufore <br />disturbed, as well as to all areas hereafter disturbed Successor will peafarm all of the obligations ofthe Perminee undo the Permit <br />which have not heretofore been performed by Permit[ee. <br />3. SuccecsorherebytenderstotheStateitsattachedPerfom~rauceendFinanciatWatranties•,whicharetobesubSitutedforthe <br />Performance and Financial Warranties heretofore filed by the Peratittee, effxtive upon the release of the latter Warranties. <br />4. Successor represents to ilte State that, to the best of its lmowledge, information and belief, it is not im violation of a>ry of the <br />provisions of the Colorado Mined Land reclamation Ac*. with respect to any other operation co:rducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assigmnent of the Permit, to recognize Successor as Successor <br />Operator under the Permit, and to accept the tendered substitute Perfomranee and Financial Warranties in place of the W erranties <br />presently on ile with the SLSte. <br />