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<br />3. For purposes of this paragraph, that property <br />described in Exhibit "A" of the Agreement, exclusive of that <br />portion of said property described in Exhibit "B" of the <br />Agreement for which Robco has retained an interest in the <br />minerals, shall be referred to as "Lakewood Parkland". That <br />property described in Exhibit "B" of the Agreement for which <br />Robco has retained an interest in the minerals, and the <br />property owned by Robco which is located south of the property <br />described in Exhibit "B", shall be referred to as the "Robco <br />Mining Area". At such time that mining within the Robco <br />Mining Area encroaches within 100 feet of the Lakewood <br />Parkland, Robco shall construct a solid fence to provide a <br />buffer or barrier between the park and mining uses in the <br />area where such encroachment has occurred. If the Lakewood <br />Parkland has not been improved at the time mining encroaches <br />within 100 feet of the Lakewood Parkland, such fence shall <br />not be required until such time as the Lakewood Parkland is <br />improved and Lakewood delivers notice of such improvement to <br />Robco. The fencing required pursuant to this paragraph <br />shall not be less than six feet (6') in height and shall be <br />constructed in accordance with design standards and of <br />materials approved by Lakewood. <br />4. All other provisions of the Agreement shall remain <br />unchanged and in effect. <br />IN WITNESS WHEREOF, the parties hereto have set their <br />hands and seals the day and year first written. <br />CITY OF LAREWOOD <br />'William E. Kirchhoff <br />City Manager <br />ATTESTED: <br />BY ~ ~ ~ l~~~/ S~~rrl f~ <br />Jean L. Rode s <br />City Clerk (/ <br />( S E A L ) <br />-2- <br />