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•• •• <br />~' EXECUTED COPY <br />AGREEMENT <br />(Damages to Property Within 200 Feet) <br />KNOW ALL MEN BY THESE PRESENTS: <br />THAT WHEREAS, the undersigned LA POUDRE SAND & GRAVEL, INC <br />a Colorado corporation, as Applicant, has made application to <br />the County of Weld, Colorado, and to the State of Colorado for <br />an open pit gravel mining permit for a gravel mining operation <br />to be located over and upon portions of Section Nineteen (19), <br />Township Six (6) North, Range Sixty-seven (67) West of the 6th <br />P.M., in Weld County, State of Colorado; and <br />WHEREAS, certain third parties, including but not limited <br />to American Telephone & Telegraph Company, Sinclair Pipeline <br />Company, Whitney Irrigation Company, and B. H. Eaton Ditch Com- <br />pany, are or may be the owners of certain significant, valuable, <br />and permanent man-made structures located on or within two hun- <br />dred (200) feet of the above mentioned lands; and <br />WHEREAS, the provisions of Section 34-32-115(4)(d) Colorado <br />Revised Statues 1973, as amended, provide, for the purpose of <br />ensuring the stability of such structures, that the Applicant <br />herein compensate said third parties for the damages which may <br />be caused to or incurred by such structures as a result of the <br />Applicant's gravel mining operation; and it is Applicant's <br />desire and wish to comply with the provisions of said statute. <br />NOW THEREFORE, in consideration of the premises and other <br />valuable considerations, the Applicant, LA POUDRE SAND & GRAVEL, <br />INC., hereby covenants, promises and agrees with the State of <br />Colorado, the Mined Land Reclamation Division of the State of <br />Colorado, the County of Weld, Colorado, and all third parties <br />referred to herein above individually, as follows: <br />1. LA POUDRE SAND & GRAVEL, INC., to ensure the stability <br />of the man-made structures above referred to, shall pay to said <br />third parties, respectively, a sum or sums of money to properly <br />and adequately compensate such third party for the damages in- <br />curred by or caused to such structures of said third party as <br />a result of the the gravel mining operations of Applicant. <br />2. Applicant further agrees that all payments provided <br />for in the foregoing paragraph 1 shall be paid in full within <br />thirty (30) days from the time of determination of the amount <br />thereof. <br />Nothing contained herein nor in Applicant's application <br />-1- <br />