2007-09-05_REVISION - M1999003 - Laserfiche WebLink

Home Browse Search

-4- fV. RECITALS 1. On April 8 1999 permit Number M-99-003 wasgrarthdto Jerald Seifert & Fred Lowry (ex;sringopereror)("Pertnittee"),pursuaotrowhich Perrnittee has been coaducting a mining operation is the County of Fremont State of Colorado. 2. Permitteewishestoassigntheperroitto Seifert Construction (taw operator), as Successor Operator ("Successor") and Successor wishes to become Successor Pertnittee under the permit. 3. Succcssor understands that the «chmation Plan (the "Plan")required by the permit and by applicable State laws and regulations has not barn completed aad is wilting ro assume full reaponsib8ity far the completion of the Plan. V. Permittee and Successor hereby agree, For their own benefit and for the benefit ofthe State, such agreements to be effective ! >so ~o upon the approval by the State of the transfer of the Pemtit from Permittee ro Successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction std is tidly aware of the coniditiona thereof. Successor understands and accepts all of the conditiorra of the Permit. 2. Successorwillcompletetherechunationplan,andherebyassumesliabilityforcompkttingsuchplanasto all areas heretofore disturbed, as well as ro atl areas hereafter disturbed. Successor will perform all of the obligations of the Permittee under the Pemtit which have not heretofore been perfomred by Pemrittee. 3. Successor hereby tenders ro the State ib attached Performance and Fimncie[ Warrardies~, which are ro be substituted for the Performance and Financial Warranties heretofore filed by the Pemtittce, effective upon the release of the latter Warranties. 4. Successor represents to the State that, w the best of its knowledge, information and belief, it is not m violation of any of the provisions ofthe Colorado Mined Land reclamation Act with respect ro any other operation conducted by it in the State of Colorado, Permittee end Successor hereby request the State ro convent m the aseignrrern of the Pertrut, ro recce Successor u Sun:essor Operator under the Pemut, and ro accept the rendered substitute Perfomauta and Financial Warranties in place of fhe Warranties presently on fik with the State.