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AGREEMENT
<br />THIS AGREEMENT made and entered into this l st day of November, 2007, by and between
<br />XTO Energy Inc., a Delaware corporation ("XTO") whose address is 810 Houston Street Fort Worth,
<br />TX 76102-6298, Attention: Land Manager - San Juan Basin, and Elam Construction, Inc., whose
<br />address is 556 Struthers Ave., Grand Junction, CO 81501 ("Elam"),
<br />WHEREAS, Elam is the applicant to a certain Construction Materials Regular (112)
<br />Operation Reclamation Permit Application, filed as an Amendment to that certain Existing
<br />Operation Permit # M-2000-030, which operations are known as the Agri-DLD Gravel Pit;
<br />WHEREAS, The amended permit area consists of approximately 80 acres, more particularly
<br />described as the N1 /2 of the SEl/4 of Section 34, Township 34 North, Range 9 West, NMPM, La Plata
<br />County, Colorado, hereinafter referred to as the "affected land", with the existing main entrance to the
<br />amended mine site located at County Road 307 Lat. 37.14680° North, Long. 107.78685° West;
<br />WHEREAS, The State of Colorado, Division of Reclamation, Mining and Safety Minerals Rules
<br />and Regulations of The Colorado Mined Land Reclamation Board For the Extraction of Construction
<br />Materials, Promulgated October, 1995, requires, as evidenced by article 6.4.19 Exhibit S - Permanent
<br />Man-made Structures and states: Where the mining operations will adversely affect the stability of any
<br />significant, valuable and permanent man-made structure located within two hundred (200) feet of the
<br />affected land, the applicant may:
<br />(a) provide a notarized agreement between the applicant and the person(s) having an interest in
<br />the structure, that the applicant is to provide compensation for any damage to the structure;
<br />WHEREAS, XTO is the owner and operator of significant, valuable and permanent man-made
<br />structures, hereinafter collectively referred to as "Facilities", which are located in the affected land and
<br />within two hundred (200) feet of the affected land, and are as follows:
<br />1. Existing Road, as it exist on the surface, under Road Use Agreement dated July 3`d,
<br />2002, recorded at Reception No. 838923, by and between Hilliard and Markwest (XTO is
<br />successor in interest to Markwest), located in the affected land.
<br />2. Existing natural gas pipeline within easement under Right-of-Way Agreement dated July
<br />15a', 2002, recorded at Reception No. 838922 by and between Hilliard and Markwest (XTO
<br />is successor in interest to Markwest), located in the affected land.
<br />3. Existing natural gas pipeline within easement under Right-of-Way Agreement dated August
<br />27ei, 2002, recorded at Reception No. 838425 and re-recorded at Reception No. 891581),
<br />located in the affected land.
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