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_~- <br />IV. ~~~~ <br />l On March 11 <br />1 9 91 Pmt l`Tumber <br />M-1 986-033 ~g~~to <br />S u nn y s i d e Grave 1 (existing operator} ("Pernrittee")> pursuantto which <br />Perrnitbee has been conducting a nvning operation ir- the County of L a P 1 a t a ,State of Colorado. <br />2. pe~itteewishestoassigntheperrnitto Sunnyside Gravel ~ Excavation (~, <br />operator), as Successor Operator ("Successor's and Successor wishes to becocde Successor Permittee under the <br />perrrrit. <br />3. Successor undeistarrds that the reclamation plea (the "Plan") requires by the permit and by applicable <br />State laws and regulations has not been carr~sleted and is willing to assurt~ fiili responsibility for the corr~letion of <br />the Plan. <br />V. AGREEMENTS <br />Pemtittee and Successor hereby agree, for their own benefit and for the benefit ofthe State, such agreements to be <br />effective ~ facto upon the approval by the State of the transfer of the Permit from Pernaittee to .Successor, as <br />follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction ar~i is ftrtlly aware <br />of the comlitions thereof. Snecessoruaderstands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to <br />all areas heretofore dishubed, as well as to all. areas hereafter disturbed. Successor will perform all of the <br />obligatioffi of the Permittee under the Permit which have not heretofore been performed by Perrnittee. <br />3. Successor hereby tenders to the State. its attached Performance a~ Financial Warranties", which are to be <br />substituted for the Perfomrance and Financial Warranties heretofore filed by the Penauttee, effective upon the <br />release of the latter Warranties. <br />q. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in <br />violation of any of the provisions of the Colorado 1vlined Land reclamation Act with respect to any other operation <br />conducted by it in the State of Colorado. <br />Pernrittee and Successor hereby request the State to consent rA the assignment of the Permit, to recognize Successor <br />as Successor t}perabar under the Permit> and to accept the tendered substitute Perfomranc~ and Financial <br />Warranties in place of the Warranties presently on file with the State. <br />