Laserfiche WebLink
<br />one (1) foot interval contours, (ii) horizontal control referenced to the NAD- <br />83-92 Modified Colorado Central State Plane Coordinate System, and (iii) <br />vertical control referenced to NAVD 1988. <br />c. Aggregate shall, at its own expense, have prepared a set of "as built" <br />construction drawings certified by an independent engineer, licensed in the <br />State of Colorado upon the completion of all installation activities, including <br />any activities required by the State Engineer. <br />d. Aggregate shall use the survey to have an elevation-capacity table and <br />curve of the Reservoir prepared by an engineer, licensed in the State of <br />Colorado. The table and curve shall start at the top of the dead storage <br />pool, if any, and extend to the top of the Reservoir. The capacity of the <br />Reservoir shall not include any Passive Storage. <br />e. In the event that the Reservoir is not approved by the SEO as having met <br />all applicable safety and containment requirements of the SEO within twelve <br />(12) months of the cessation of mining activities, either party may terminate <br />the agreement upon giving the other party written notice (thirty) 30 days <br />prior to such termination. If the agreement is terminated pursuant to this <br />provision, the provisions of either Paragraph 37(a) or 37(b) shall apply at <br />Thornton's sole option. Notwithstanding the above, if Aggregate is taking <br />action to obtain such permits and final approvals and substantial progress <br />has and is being made in such process, such twelve (12) month period shall <br />be extended for a reasonable period of time to obtain such permits and <br />approvals. <br />f. If (i) Aggregate is successful in obtaining the approval of the SEO of a <br />jurisdictional dam, and (ii) Thornton determines to Close on the Property, <br />then upon the SEO issuing a final approval of the jurisdictional dam, the <br />parties will calculate the Usable Water Storage Capacity using as the Normal <br />Maximum Water Surtace the elevation above sea level which is the highest <br />water elevation approved by the SEO for the storage of water behind the <br />dam. <br />Should at any time during the term of this Agreement the expected <br />Reservoir capacity of three thousand (3,000) acre feet or the expected <br />delivery date of December 31, 2006 change substantially, Aggregate shall <br />promptly notify Thornton of such changes. Aggregate agrees to take all <br />commercially reasonable efforts to meet the expected delivery date. <br />Hammer <br />Option & Purchase Agreement <br />December 11, 2000 <br />Page 14 of 29 <br />