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ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into this /9 ~~ day of ~;,>~~ ,, .~~ , 2001, by and between ASPHALT SPECIALITIES CO., INC. ("Asphalt"), whose address is 7321 East 88'"Avenue, Henderson, Colorado 80640, SOUTH ADAMS COUNTY V/ATER AND SANITATION DISTRICT ("District"), whose address is 6595 East 70`~ Avenue, Commerce City, Colorado 80022, and NORTHERN INFRASTRUCTURE GENERAL IMPROVEIv1ENT DISTRICT ("GID"), whose address is 5291 East 60`s Avenue, Commerce City, Colorado 80022. 1. Asphalt wishes to construct a borrow pit ("Encroaching Structure") and is seeking a State of Colorado Mined Land Reclamation Board Permit to mine sand and gravel from the Encroaching Structure and to reclaim the property as identified in the leeal description enclosed as Attachment A and as depicted on the enclosed location map which is identi Sed as Attachment B. 2. The District and the GID own permanent man-made structures within 200 feet oftlte land affected by Asphalt's mining and reclamation operations ("Affected Land"). The location and description of the District's and GID's structures is given in Attachment C. Attachments A, B and C are attached hereto and made a part of this Encroachment Agreement. 3. Asphalt agrees that this Encroachment Agreement shall apply to all of the District's and the GID's structures located within 200 feet of the Encroaching Structure that maybe damaged by Asphalt's mining and reclamation operations on the Affected Land. 4. Drawings of the Encroaching Structure shall be submitted to the District and the GID, showing the location of the Encroaching Structure with respect to the District's and the GID's structures and the depth of the Encroaching Structure. 5. The District and the GID have the right, without liability to the District and the GID, to enter upon such part of the Encroaching Structure as may be reasonably necessary, to allow installation, repair, maintenance, cleaning, service, replacement or removal of the District's and the GID's structures. 6. Asphalt will reimburse the District and the GID for all expenses incurred by the District and the GID for all expenses incurred by the District and the GID resulting from damage caused to structures belonging to the District or GID, by Asphalt or by the existence of the Encroaching Structure. 7. Asphaltshallassttmeresponsibilityforanypersonalinjurvorpropertydarnage directly caused by delay in or interference with the maintenance, cleaning, repair, removal or