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<br />• iii iiiiiiiiiiiu iii
<br />COMPENSATION AGREEMENT
<br />This agreement, between Four States Aggregates LLC (the "Applicant") and Duvall Truelsen (the
<br />1~ ~) is executed in order for the Applicant to comply with the provisions of the Colorado Land
<br />RECE RiSCTamation Act for the Extraction of Construction Materials' (the "Act"), and its implementing Rules and
<br />Reg4~tions, to ensure that compensation is made for any damage to permanent structures (as listed in
<br />MAR ~ ~ edule, below) in which the Owner has an interest, if caused by the activities of the Applicant at the
<br />Line Ca git (the "Site'), 21944 Highway 145, Dolores, CO 81323. The Act states that the Applicant is
<br />g~~mpensation for any damage to permanent structures caused by the mining of construction
<br />DtrisionotM'"o(materials by the Applicant at the Site.
<br />The Applicant hereby agrees that any damage caused to the scheduled property of the Owner
<br />(listed in Attachment 1 -Schedule of Property, hereinafter "Structures") shall be repaired or replaced to at
<br />least the original condition at the cost of the Applicant, or that the Owner shall be compensated at fair
<br />market value for the damage by the Applicant. This agreement may be amended at any time with the
<br />approval of both parties to add additional items of property to the schedule.
<br />The Applicant shall arrange for joint inspections with the Owner (or their agents) of the Structures
<br />in order to evaluate condition, necessary repair, replacement and/or compensation. The inspections shall
<br />be scheduled by the Applicant at least 20 days in advance, after coordination with the Owner. The
<br />inspection shall be documented by a written record, which may include photographs, drawings, and video
<br />tapes. Both Applicant and Owner shall retain copies of the record of the inspection. If the Owner (or
<br />agent) is unable to, or declines to, participate in an inspection within 30 days of the original notice by the
<br />Applicant, the Applicant shall conduct the inspection with a third party, video-tape the inspection and shall
<br />furnish the same together with a written record to the Owner
<br />At feast two joint inspections shall be performed, a "Preliminary Inspection" (PI) prior to the
<br />beginning of mining activities on the Site, and a "Closing Inspection" (CI) at the end of mining and
<br />reclamation activities at the Site. During mining and reclamation activities, the Applicant shall document
<br />and notify the Owner within a reasonable time of any damage to the Owner's Structures, regardless of the
<br />cause of damage and even if not responsible for the damage, and shall make all reasonable effort to
<br />prevent damage to the Structures by mining and reclamation operations.
<br />After the CI, the Applicant shall arrange for any necessary repair, replacement, and/or
<br />compensation for any damage, and shall schedule a "Final Inspection" (FI) for acceptance of the work.
<br />After athirty-day period for final review following that FI, no further request for compensation shall be
<br />made, and this agreement shall terminate. If no damage is found during the Cl which has not already
<br />been repaired, replaced or compensated for, the CI shall also serve as the FI.
<br />In the event of any disagreement which cannot be resolved directly by the Applicant and the
<br />Property Owner, both parties agree to submit the dispute to binding mediation by a third-party agreeable
<br />to both parties.
<br />Signed this _ day of , 2001.
<br />For Applicant Four States A re ales LLC
<br />Printed Name g L, I a.".-~
<br />Signature
<br />State of Colorado 1
<br />For Owner Duvall Truelsen
<br />Printed Name
<br />Signature
<br />~ i~ Ou _
<br />)ss
<br />County of MONTEZUMA )
<br />The foregoing instrument was acknowledged before me thisl2thday of March , 2001, by
<br />Aryol Brumley as Manager of Four States Aooreoates LLC (Applicant), and by
<br />Duvall Truelsen as Land Owner of Line Camo (Owner). /, ~,(~
<br />Signature (iC /2
<br />SEAL Notary Name Shirley A Kennedy
<br />y commission expires June20, 2003
<br />- ~- ~ -- ~ --...., .-:.- Receive
<br />Attaehrrierit1l -=-5cMeduleef Property
<br />- _ .. >.~ ; .._-~ ~,. ~ MAR 1 22001
<br />i~~i_i- r1-2cx~t-or,l _
<br />t-' "~"~- • (.,n ~~ ~ Dusan o Field Office
<br />Divisicn of ivtinerals & Geology
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