2005-04-11_REVISION - M1987113 (2)

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-4- IV. RFCTT~S Qn January 5 2004 pernlltl`llIInbeT M-1987-113 wasgrentodto Church Ranch (c.+tisting Operator) ("Permittee"), pursuant t0 which Pamittx has bees o~ducbng a mining operation in the County of Jefferson State of Colorado. 2. Pamittee wishes to assign the permit to Centennial Aggregates, LLC (new operator), as Suatssar Opaamr ("Sucoasoa") aced Successor wishes to become Successor Permitnee under the permit 3. Successor tmdastands that the rechmoation plan (dre Thm'~ requb+ed by the permit and by applicable State laws aced regulations has not bees complded aced is willing to assume farll responsibility for the oa®phtion of the Plan. V Permittce and Sucassac hereby agree, for their own bene5t and for the beaefit of the Stan, such agr+~ents to be effaxive ~ ~ ~ the approval by the State of the ttansfrr of the Permit fr~ Permitter to Snrxessor, as follows: 1. Sueoasor has inspoe~ed die mining and r+oclamation operations to its entire satisfaction aced is fully aware of the conditions theceoi Sucrxssar understands and accepu all of the conditions of the Permit. 2. Snoassor will campide the reclamati~ plan, a~ hereby assumes liability for comph~iag such plan as to all areas heretofore dishabed, as wdl as to all areas hereafter disttubed. Sncassa will perform all of the obligations of the Permiltee noder the Permit which have not heretofore been performed by Permiuee. 3. Successor hereby readers to the State its attached Performance and Financial Warranties', which are to be substituted for the Performance and Financal Warraatia heretofore 5kd by the Permittee, effective upon rho release of the latter Warranties. 4. Successor represents m dx State that, m the bat of its ~owhsige, information and belief, it is not in violation of any of the provisions of the Colorado Nfined Land reclamation Ad with respect to arty other operationconducted-by it in the Stan of Colorado. Permittee and Succasa hereby request the State to consent w the assignment of the Permit, to recognae Successor as Sucassa Opa'ator under the Permit, and to accept the tendered substitute Ycrformance and Financial Warranties in phux of the Warranties presently ~ fih; with the Stau.