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~ • =- III IIIIIIIIIIIII III <br />.~ -~ t ~ ~~c~~v~ 999 <br />• DEC 21985 <br />AGREEMENT <br />MINED LAND RECLAMA~It)-~ <br />Coto. Dept. of Natural Resources <br />THIS AGREEMENT, made and entered into this ~ day of <br />November, 1985, by and between ROHINSON HRICR COMPANY (herein- <br />after referred to as "Robinson"), a Colorado corporation, whose <br />address is 1845 W. Dartmouth Avenue, Denver, Colorado, mailing <br />address P.O. Box 5243, Denver, Colorado, 80217; and THE CITY OF <br />LAREWOOD, COLORADO (hereinafter referred to as "Lakewood"), a <br />Colorado municipal corporation, whose address is 445 South <br />Allison Parkway, Lakewood, Colorado 80226. <br />RECITALS <br />A. On or about April 18, 1984, Robinson submitted an <br />Application for a Conversion 6 Amendment of a Mined Land <br />Reclamation Permit for the Chieftain North Mine (the "Permit <br />Application") to the Colorado Mined Land Reclamation Board (the <br />"NLRB"), seeking, inter alia, the right to conduct clay mining <br />and reclamation operat~ io n lands located within the municipal <br />boundaries of Lakewood in Section 24, T.4.5., R.70W., 6th P.M., <br />Jefferson County, Colorado (the "Lakewood Lands"j. The Lakewood <br />Lands are designated on Exhibits D-1 and F attached to this <br />Agreement, as Mining Stage 3 and pert of Mining Stage 2, and <br />Reclamation Phase 3 and part of Reclamation Phase 2, respec- <br />tively. <br />B. Lakewood is the surface owner of the Lakewood <br />Lands, as well as the municipality with regulatory control of the <br />Lakewood Lands. Robinson owns mineral interests in or has inter- <br />ests in mineral leases relating to the Lakewood Lands and to <br />other lands included within the Permit Application. <br />C. The parties to this Agreement mutually desire to <br />reach an understanding whereby Robinson may conduct mining and <br />reclamation operations upon certain of the Lakewood Lands owned <br />and regulated by Lakewood. <br />NOW, THEREFORE, for and in consideration of the mutual <br />promises and covenants passing among the parties hereto, which <br />the parties acknowledge and agree constitute good and sufficient <br />consideration, it is hereby agreed by and between Robinson and <br />Lakewood as follows: <br />1. Definitions. <br />In addition to the terms otherwise defined herein, <br />the following additional terms shall be defined as indicated: <br />