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<br /> <br />~- <br />lv <br />V <br />RECITALS <br />On August 15 1988 <br />Sally Wilcox dba Gunnison Gravel <br /> <br />Permit Number M-1978-305 was granted to <br />(existing operator) ("Permittee"), pursuant to <br />which Permittce has been conducting a mining operation in the County of Gunnison ,State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Warren 6 Sally Wilcox dba Gunn so~Graveg <br />ar movin <br />(new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee <br />under the permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and by <br />applicable State laws and regulations has not been wmpleted and is willing to assume full responsibility <br />for the completion of the Plan. <br />AGREEMENTS <br />Perrnittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective ip~Q facto upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully <br />aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Pemrittee under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which <br />are to be substituted for the Performance and Financial Warrartties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not <br />in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Pernittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize <br />Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and <br />Financial Warranties in place of the Warranties presently on file with the State. <br />