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Licensee: Pete lien & Sons. Inc. <br />Investigation #: 2011.055 <br />Line No. <br />Plat No. 1009 2.15. 2.16 and 1010 2.15, 2.16 <br />12/05 <br />RECITALS <br />File With Document #: 83286 <br />Agent: MacRae <br />Engineer: N/A <br />Section 6 Twp 21S Rge 62 West <br />County PUEBLO <br />LICENSE AGREEMENT <br />This LICENSE AGREEMENT ( "License ") is made this 0- day of m 2011 by and between PUBLIC <br />SERVICE COMPANY OF COLORADO, a Colorado corporation hereinafter' called "Licensor," and Pete Lien <br />& Sons, Inc. hereinafter called "Licensee." <br />A. Licensor is the owner of an easement or right -of -way for utility facilities (the "Premises "), and desires <br />to protect the facilities located thereon and preserve the future use of said easement or right -of -way, which <br />is more particularly described as follows: <br />A parcel of land more particularly described as the West 225 feet of the NW1 /4 and the <br />West 225 feet of that portion of the SW % Tying North of the Arkansas River, all in Section 6, <br />Township 21 South, Range 62 West, 6 Principal Meridian, County of Pueblo, State of <br />Colorado. <br />B. Licensee desires to conduct mining operations ( "licensed facility ") in, under, or along portions of the <br />Premises as more particularly shown on Exhibit A and B, attached hereto and made a part hereof, and <br />desires to obtain Licensor's permission therefore. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, Licensor hereby grants to Licensee, with respect <br />to such interest as Licensor may have in the Premises, the authorization to construct, operate, maintain, <br />repair, inspect, remove, and replace the licensed facility in, on, under, or along the Premises, subject to <br />the following: <br />(1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole <br />obligation of obtaining from the fee title owner of the Premises or others owning proprietary interest in the <br />Premises, such authority or rights as Licensee may need in addition to this license for Licensee's use of <br />the Premises. Licensee agrees that any authorization granted herein is subject to Licensee obtaining <br />such additional authorization. <br />(2) Licensor intends to use the Premises for the construction, operation, maintenance, repair, <br />replacement, and relocation of its utility facilities, and the rights herein granted to Licensee for the use of <br />the Premises are subject to the rights of Licensor to use the Premises for such purposes, which rights <br />Licensor hereby expressly reserves. <br />(3) Licensee shall contact the Utility Notification Center of Colorado (1- 800 - 922 -1987) for location <br />of any underground utilities, at least two working days prior to the commencement of construction on the <br />Premises. Further, if Licensor has constructed electric transmission facilities on the Premises, Licensee <br />shall contact Licensor's Electric Transmission Lines department at (303) 273 -4669 at least four working <br />days prior to the commencement of construction on the Premises. At the discretion of Licensor's Electric <br />Transmission Lines department, construction activities on the Premises shall be performed only when <br />Licensor's representative is present. The instructions of such representative relating to the protection of <br />Licensor's facilities will be followed by Licensee, and will be considered conditions of this authorization. <br />1 of 4 <br />