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AGREEMENT <br />THIS AGREEMENT is made and entered into this 1~~' day of May, <br />1990, by and between JOHN W. GOSSERT and SHIRLEY GOSSERT (hereinafter <br />"Resident"), 33095 Routt County Road, Number 53, P. 0. Box 128, Hayden, <br />Colorado 81639, and PEABODY COAL COMPANY (hereinafter "Peabody"), 1300 <br />South Yale, Flagstaff, Arizona 86001. <br />WHEREAS, Peabody is opening a mining operation approximately one <br />ld <br />1] <br />1`s <br />1° <br />14 <br />15 <br />lE <br />17 <br />18 <br />19 <br />2d <br />2l <br />22 <br />23 <br />29 <br />25 <br />2G <br />27 <br />28 <br />mile from the residence of Resident; <br />WHEREAS, Resident wrote a letter to the Colorado Department of <br />Natural Resources, Mined Land Reclamation Division, expressing certain <br />concerns about his/her residence. <br />NOW, THEREFORE, Peabody and Resident desire to enter into this <br />Agreement which sets forth the provisions to which the parties have <br />agreed to resolve this matter. <br />IT IS AGREED: <br />1. Resident agrees that he/she has reviewed the slope work plan <br />proposed by Peabody (hereinafter "The Plan") which is attached hereto <br />and marked Exhibit A, and approves of The Plan. Resident agrees that <br />Peabody has satisfied his/her concerns expressed in the Resident's <br />letter to the Colorado Department of Natural Resources, Mined Land <br />Reclamation Division, dated July 1, 1989. <br />2. Resident warrants that he/she has sole title and right to the <br />property where The Plan work will be performed, and that the legal <br />boundaries are as represented by Resident. Resident hereby grants <br />Peabody the right to enter upon Resident's property to perform all <br />