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property located in Weld County, Colorado, including those parcels <br />identified above as the "Site Location." <br />B. Lupton Bottom Ditch Company ("Structure Owner" or "LBDC") owns <br />an irrigation ditch or lateral identified above as the "Structure," which <br />Structure is a permanent, man-made structure and is located within 200 <br />feet of the Site Location. <br />C. In support of its original Application for Regular 112 Permit, LBDC and <br />Applicant executed, on April 20, 2000, a set-back agreement, dated <br />February 23, 2000 ("Original Set-Back Agreement"), pursuant to which <br />Original Set-Back Agreement, among other things, Applicant agreed to <br />repair the Structure or compensate LBDC for any damage to the <br />Structure lying within 200 feet of the sand and gravel mine operated by <br />Applicant on the S Ih of the NW V4, Section 30, T2N, R66W, 60` P.M., <br />Weld County, Colorado. <br />D. LGE and LBDC also entered into an Agreement, dated June 6, 2000 <br />("Original Ditch Agreement"), pursuant to which LGE and LBDC <br />agreed on the terms and conditions under which LGE would have the <br />right to temporarily relocate the Structure during LGE's mining <br />operations. <br />E. Applicant and LBDC now wish to restate their agreements and <br />understandings concerning the rights, obligations and liabilities of <br />Applicant applicable to its mining activities within the Setback Area, <br />defined below, and the impact of such mining activities on the Structure <br />located within the Site Location. <br />NOW, THEREFORE, in consideration of the covenants, promises, rights and <br />undertakings hereinafter set forth, the sufficiency of which is hereby acknowledged, Applicant <br />and LBDC agree as follows: <br />1. Prior Agreements. <br />(a) The Original Set-Back Agreement is terminated and declared to be of no <br />further force and effect, and this Agreement is substituted therefore. <br />(b) The Original Ditch Agreement is terminated and declared to be of no <br />further force and effect, and this Agreement is substituted therefore. <br />2. Applicability of Agreement. LBDC and LGE each acknowledge that this <br />Agreement shall only apply to the actions and activities of LGE that take place on the Site <br />Location and within two hundred feet (200 ft.) of the Structure ("Setback Area"). This <br />Agreement shall have no applicability with respect to any activities of LGE on any other <br />portion of the Site Location. <br />FL-LBDCAgreement-Sep2004.DOC 2