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<br />General Agreement <br />THIS AGREEMENT, made this 12th day of October 2001, by and between Asphalt <br />Constructors, Inc., a Colorado Corporation, hereinafter referred to as ACI (First Party) and Rio Grande <br />Canal Water Users Association, hereinafter referred to as Owners (Second Party). <br />WITNESSETH That in consideration of the mutual covenants and agreements to be kept and <br />performed on the part of said parties hereto, respectively as herein stated the said party of the first part <br />does hereby covenant and agree that it shall: <br />The State of Colorado Division of Minerals and Geology have required as a condition of our <br />mining operation, that an agreement exists concerning possible structural damage to the <br />Rio Grande Lateral hereinafter referred to as structures attributable to the mining activity. <br />Rio Grande County has also required ACI to maintain a one hundred foot buffer from the <br />property line to the beginning of the pit. ACI agrees that in the event of damage to these <br />structures, which results from mining operation, that the structures would be repaired. <br />II. And said party of the second part covenants and agrees that it shall: Owners agree not to <br />operate the structures in any unusual fashion, which may contribute, to any failure. <br />This agreement shall be binding upon the parties, their successors, assigns and personal <br />representatives. Time is of the essence on all undertakings. This agreement shall be enfc~ed under <br />the laws of the State of Colorado. This is the entire agreement. ~L`(a~~~d <br />Signed the day and year first above written. <br />Signed in the presence of: <br />Owners Representative: <br />Rio de Canal Water <br />Users Association <br />State of Colorado ) <br />SS <br />) <br />County of Alamosa) <br />~~T 2,5 ?~Ol <br />Asphalt ConstrudorsrVln~o ~e a S ~ Ga e <br />- p %, <br />.i/~~/ <br />Todd A. Stockebrand, Secretary <br />On this 13kd day of 0 ~ , 2001, before the Subscriber personally appeared <br />r, Q,, /)/ /s.,ni to me personally known, and known by me to be the <br />persons de nbed in, and who executed the foregoing instrument and acknowledged this act and deed <br />Witness my hand and seal <br />•• 1. . ~_ <br />`!`~'r'~ My C mmission Expires ~ _/ 7 -O 1 <br />F ~trat@'pf~~olorado) <br />)SS <br />County of Rio Grande) <br />6'Tt~ ~ y <br />d° ter' :! <br />a :. <br />of 2901, before the Subscriber personally appeared <br />.rst.~c ,~ ,-~ Kr-d_-- to me personally known, and known by me to be the <br />I in, and who executed the foregoing instrument and acknowledged this act and deed <br />and seal <br />Expires 9 / 7 -Q I <br />