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Ezhlbll N CMLRB 112 Petmlt Application <br />Agne Stone Slyslenu, Inc. <br />~~ s s~~, <br />6435 S. Pontiac Ct., Englewood, CO 8011 I <br />(303)741-2556 <br />(303) 721-0293 Fax <br />Union Pacific Railroad <br />Ray Allamong, Rail Planning <br />1416 Dodge Street <br />Omaha, NE 68179 <br />Dear Ray, <br />December 10, 1997 <br />This letter is to inform you that Agile Stone Systems, Inc. has an option to purchase the <br />Harvey Ranch Property in Parkdale, CO. Your line currently runs adjacent to this ranch <br />which Agile plans to open as an aggregate operation. We realize you are in the process <br />of selling this line to Rock and Rail, Inc. and their partner within the next 30 days but the <br />Division of Minerals and Geology requires us to make sure that you will have the legal <br />right to enter into the Harvey Ranch property. We also appreciate your comments about <br />• your right to build sidings and switches on your right of way as you desire. Nevertheless, <br />when Agile completes their permits and begins development work and if you still own <br />the track, Agile gives you full permission to enter the Harvey Ranch Property as directed <br />by Agile to service Agile's railroad freight needs. <br />If you any further questions please call. <br />Sincerely, <br />G:~~ <br />Bill Fehr <br />Chairman and CEO <br /> <br />