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AGREEMENT <br />Attach to Document # 83286 <br />This agreement is made by and between Pete Lien & Sons, Inc. (Applicant) and <br />Public Service Company of Colorado (PSCo), 1800 Larimer St., Suite 400, <br />Denver, CO 80202. <br />PSCo owns electric and /or gas transmission and /or distribution utility facilities <br />and associated appurtenances located on a portion of the following described <br />property: A parcel of land more particularly described as the West 225 feet of the <br />NW 1/4 and the West 225 feet of that portion of the SW 1 /4 lying North of the <br />Arkansas River, all in Section 6, Township 21 South, Range 62 West, 6th <br />Principal Meridian, County of Pueblo, State of Colorado. <br />Applicant proposes conducting mining activities on or near the property to which <br />the PSCo facilities referenced above are located, and has or will apply to the <br />Colorado Division of Minerals and Geology for a Construction Materials Regular <br />112 Operation Reclamation Permit. The Construction Material Rules and <br />Regulations of the Colorado Mined Reclamation Board require the Applicant and <br />the person(s) having an interest in significant or permanent man -made structures <br />located within two hundred (200) feet of the affected land, stating that the <br />Applicant agrees to provide compensation for any damage to said structures. <br />Therefore, Applicant agrees to assume responsibility and to pay for any damage <br />to PSCo or PSCo's facilities resulting from its mining operations. In addition, <br />Applicant is responsible for all cost associated with the relocation of any PSCo <br />facilities necessary to accommodate the mining operation. Applicant agrees to <br />separately enter into a License Agreement with PSCo for any work to be <br />performed on any PSCo property or within any easement held by PSCo, <br />including the use of any roads crossing any such property or easement. <br />This Agreement shall not be construed to limit the rights or remedies available to <br />PSCo. <br />In witness whereof, the parties sign and accept this agreement on the <br />Z.43 day of 2011. <br />APPLICANT <br />By: <br />Titl <br />