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AGREEMENT Required By: Construction Materials Rules and Regulations of the Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Subject/Purpose: Agreement between the undersigned Structure Owner and the Applicant, as required by the Colorado Division of Minerals and Geology for all applicants of 112 Reclamation Permits Site Location: Parts of the NW Y. and NE'/,, Section 8, Township 2 North, Range 87 West, Weld County, Colorado Applicant: L. G. Everist, Inc. 7321 East 88th Avenue, Suite 200 Henderson, Colorado 80840 Structure Owner: A T 8: T Local Address: A T S: T Prom 1, Room 2051 1875 Lawrence St, Ste 1500 1200 Peachtree Street NE Denver, CO 80202 Atlanta, GA 30309 Structure: Fiber Optic Cable The Colorado Division of Minerals and Geology requires all applicants of 112 Reclamation Permits to provide notarized agreements between the applicant and the owner(s) of any significant, valuable, or permanent man-made structure located within 200 feet of the affected property. The agreement shall state that the applicant shall provide compensation for any damage done to the structure through the mining operation. If an agreement cannot be reached, the applicant shall provide an engineering evaluation that demonstrates that such structure shall not be damaged by the mining operation. The Applicant identified above is appying fora 112 Reclamation Permit from the Colorado Division of Minerals and Geology, for the purposes of mining the sand and gravel reserves and then reclaiming the affected land, identified above as the Site Location. The Structure Owner identified above owns a significant, valuable, or permanent man-made structure, identified above as the Structure, which is located within 200 feet of the affected land, identified above as the Site Location. The Applicant will keep the mining limits at least 50 feet from the Structure Owner's Structure. This agreement does not limit in any way the easement agreement already set forth between the Structure Owner and the landowner, Mr. James and Mrs. Dolores French. As required and preferred by the Colorado Division of Minerals and Geology The Applicant hereby assures the Structure Owner and agrees that should the mining or reclamation operations at the Site Location identified above adversely affect the Structure identified above, the Applicant will repair any damage to the Structure or will provide compensation to the Structure Owner for said damage to the Structure. The notarized signatures of the Structure Owner Representative and the Applicant Representative confirm the Agreement between the parties and the repair/compensation obligation of the Applicant as stated above. LMICON-200ft-att-ds-032402 -via Certified Mail #7000 0520 0018 6565 6607