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CMcIu Ill1111111111 III I8 6 <br />lll? <br />11 <br />Cheri Brunvand-Summit County Recorder 101181200712:30 DF: <br />Exhibit 8 <br />AGREEMENT TO AMEND CHALK MOUNTAIN <br />INTERCEPTOR EASEMENT <br />This Agreement to Amend Chalk Mountain Interceptor Easement, dated thisS <br />day of January, 2007, is between the Eagle Park Reservoir Company (the "Reservoir <br />Company"), a Colorado mutual ditch and reservoir company, and Climax Molybdenum <br />Company, a Delaware corporation ("Climax"). <br />WHEREAS, Climax granted to the Reservoir Company the Grant of Easement (Chalk <br />Mountain Interceptor Easement) dated September 16, 1998 (the "Easement"), which is recorded <br />in the real property records of the following Counties in Colorado: <br />Coun Recording Information <br />Eagle Reception No. 669747 <br />Lake Book 537, Page 928 <br />Summit Reception No. 578996 <br />• <br />WHEREAS, the Easement is subject to additional terms and agreements which are <br />enumerated as paragraphs 1, 2, 3, 4, and 5. <br />WHEREAS, paragraph, 1 of the Easement terms and agreements provides as follows: <br />Climax further agrees that the Chalk Mountain Interceptor and. the AW Delivery <br />Easements granted by the Special Warranty Deed dated May 18, 1993, and recorded in <br />the real property records of Eagle County in Book 609 at Page 158, in the real property <br />records of Lake County in Book 504 at Page 715 and in the real property records of <br />Summit County as Reception No. 443262, can also be used by the Reservoir Company to <br />deliver any Arkansas Well water to which the Reservoir. Company is entitled into the <br />Chalk Mountain Interceptor for delivery to Eagle Park Reservoir. <br />t <br />WHEREAS, Schedule 2 to the Easement is the Chalk Mountain Interceptor Operating <br />Agreement (the "Operating Agreement'). <br />WHEREAS, contemporaneous with the entry of this Agreement to Amend Chalk <br />Mountain Interceptor Easement, the Reservoir Company is conveying to Climax all of its right, <br />title and interest in the Arkansas Well. <br />WHEREAS, the Reservoir Company and Climax desire to amend the Easement to delete <br />paragraph 1 of the enumerated paragraphs therein and amend the Operating Agreement to delete <br />reference to the Arkansas Well. <br />M10287 13 <br />After Recording, Return to: <br />Patricia L. Davis <br />Ryley Carlock & Applewhite <br />1999 Broadway St., Ste. 1800 <br />Denver, CO 80202 <br />Exhibit 36