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07/21/2005 10:41 FA8 90x7219298 GFEYSTONH <br />Damage Liability Agreement <br />Albert Fsei & Sons, Irte. hae made application to the Colaaado Mined Lands Reclamation Board <br />for an amendment to reclamation permit (]'eratit # M-77-52~ to expaAd iheil existing Vorthing <br />Pit sand and gravel operation located in Section 2b, Township 1 South, Range 67 West, near the <br />intersection of 13rig1xton Road and 132nd Street, Adatas County, Colorado. <br />Albert Frei & Sons, Inc. agrees to compensate Ms. Grace Russell for any damage caused by the <br />sand atld'.gravel mining operation to any map made structures located within 200 feet of the. <br />amended mine permit boundary approved by Colorado Mined Lands Reclamation Board. <br /> <br />x'his Damage Liability Agroeritent shall be binding upon the parties listed below and shall be <br />effective on the date the Colorado Mined Lands Reclamation Board approves Albert Frei & Sons, <br />Ine.'s request for an amendment to Permit # NI-77-526 for the Worthing Pit sand and gravel <br />operation. In the event, for whatever reason, the Colorado Mined Lands Acclamation Board fails <br />to approve Albert Frei & Sons, Ino.'s request for an expansion of its Worthing Pit sand and gravel <br />operation, then this Damage Liability Agreement shall not be binding upon the parties hereto and <br />it shall be ofno further force and effect. <br />Albert Frei. and Sons, Inc. , <br />- - <br />BY <br />Natne & Title <br />State of Col do <br />County o£~~i~ _ <br />I hereby certify that the foregoing document was executed before me tIris3~day of <br />~., ; 2005, by~e~f(lA./c~ S f=re.i , as Sec.. of Albert Frei & <br />Sons, Inc. on behalf of said corporation. <br />Notary.Public: Qh/C2 <br />Ivly Commission Bxpires: <br />Ms. Grace Russell <br />$Y <br />DORE>:IVrr, G. kf2KE <br />NOTARY PUBLIC <br />ST34TE OF COLORADO <br />My Conuni2aion E:cpires <br />Print Name 8; Title Date , <br />State of.Colorado <br />County of _ <br />I hereby oettify that the foregoing document was c7tccuted befare bro this _day of <br />.2005, by <br />Natary Public: <br />