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Eilti6it N CMLRB ]12 Petmit AppGcs,tion <br />Agile Stone Stystenu, Inc. <br />• ~~ s sue , ~~. <br />6435 S. Pontiac Ct., Englewood, CO 80111 <br />(303) 741-2556 <br />(303) 721-0293 Fax <br />December 10, 1997 <br />Rock & Rail, Inc. <br />Dr. Mitch Albert, President <br />6435 S. Pontiac Ct. <br />Englewood, CO 80111 <br />Dear Dr. Albert, <br />This letter is to inform you that Agile Stone Systems, Inc. has an option to purchase the <br />Harvey Ranch Property in Pazkdale, CO. You are currently in the process of purchasing <br />the line from UPRR which currently runs adjacent to this ranch. Agile plans to open this <br />ranch as an aggegate operation. We realize you aze in the process of buying this line <br />from UPRR and that you will be sole common carrier freight railroad operating on the <br />• track. We also realize that the construction of sidings and switches on your own right of <br />way is at your sole discretion. However, the Division of Minerals and Geology requires <br />us to make sure that you will have the legal right to enter into the Harvey Ranch property. <br />When Agile completes their permits and begins development work and if you have <br />purchased the railroad by this time, Agile gives you full permission to enter the Harvey <br />Ranch Property as directed by Agile to service Agile's railroad freight needs. <br />If you any further questions please call. <br />Sincerely, <br />~:~~ <br />Bill Fehr <br />Chairman and CEO <br /> <br />