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<br /> <br />ziss <br />Investigation rY: 99-030 Attach To Document k: 2043, 2044 <br />LICENSE AGREEMENT <br />This LICENSE AGREEMENT ("License") is made this 16th day of June, 1999 by and between PUBLIC <br />SERVICE CO. OF COLORADO, a Colorado Corporation hereinafter called the "Licensor," and Camas <br />Colorado. Inc. hereinaftercalled the "Licensee." <br />RECITALS <br />A. The Licensor is the fee owner of certain real property ("the Property/'), and desires to protect and <br />preserve the utility facilities located thereon and the future use if said real property which is more particularly <br />described as follows: <br />Two rights -of-ways, both two hundred ten (210) feet in width, located in the NE 1/4 Section <br />17, Township 2 South, Range 67 West, as described in Book 1126, Page 449 and under <br />Reception #718277 and the NW 1/4 of Section 17, Township 2 South, Range 67 West, as <br />described in Book 1097, Page 454 and under Reception #707082 of the 6`" Principal <br />Meridian, County of Adams, State of Colorado, of said county. <br />B. Licensee desires to construct two separate slurry walls ("licensed facility") in, under, or along <br />portions of the Premises as more particularly shown on Exhibit A-1 and Exhibit A-2, attached hereto <br />and made a part hereof, and desires to obtain Licenser's permission therefor. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: <br />(1) The Licensor hereby grants to the Licensee, its successors, and permitted assigns, with respect <br />to such title and interest as the Licensor may have in the Property, and upon the terms and conditions <br />hereinafter stated, the permission and right to construct, maintain, operate, repair, inspect, remove, and <br />replace the licensed facility in, on, under, or along the Property. Such construction shall be located as shown <br />on the Licensee's Exhibit(s) attached hereto and made a part hereof by this reference. If the Licensee's <br />construction requires any deviation in any manner from the Exhibit(s), the Licensee shall notify and obtain <br />approval for any changes from the Licensor in advance of any construction. The Licensee shall prepare and <br />submit to the Licensor as-built Exhibit(s) depicting all deviations from the original Exhibit(s) no later than thirty <br />(30) days after completion of construction. <br />(2) This LicenseAgreementdoes not convey an interest in real property. <br />(3) The Licensor intends to use the Property for all purposes in connection with electric power <br />generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or distribution, <br />and the rights herein granted to the Licensee for the use of the Property are subject to the rights of the <br />Licensor to use the Property for such purposes, which rights the Licensor hereby expressly reserves. <br />(4) The Licensee shall remove at its own expense, the licensed facility from the Property or any part <br />thereof, or relocate the same to a different location on the Property as requested by the Licensor, if the <br />1 of 5 <br />