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THIS AGREEMENT is entered into this day (dated by Structure Owner) of <br />2011, by and between Oldcastle Southwest Group, Inc. (hereinafter referred to as the "Applicant') <br />whose address is c/o Paul Banks and Associates. LLC, 720 Kipling Street — Suite 117, <br />Lakewood. Colorado 80215 and Larkin Irrigation Company (hereinafter referred to as the <br />"Structure Owner") whose address is Debeque, Colorado 81630. <br />The Applicant is seeking a State of Colorado Mined Land Reclamation Board Permit to mine sand <br />and gravel and to reclaim property as identified in the legal description (see Attachment A) and as <br />depicted on the enclosed Location Map (see Attachment B). <br />The Structure Owner owns a permanent man -made structure within 200 feet of the land affected <br />by mining and reclamation operations. This structure is the Larkin Ditch (tailwater). Attachments <br />A and B are attached hereto and are part of this Agreement. <br />The Applicant hereby commits to fully repair or to fully compensate the Structure Owner for any <br />damage to the structure described above caused by the Applicant's mining and reclamation <br />operations. <br />AG REED: <br />BY THE APPLICANT: <br />(9/el,, By: <br />Title: <br />State of Colorado <br />County of <br />} <br />) ss <br />By: <br />Title: <br />State of Colorado <br />) ss <br />County of ) <br />AGREEMENT <br />Notary Public <br />The foregoing instrument was acknowledged before me this /* 'W day of 1)0 tleNt'��' , 2011, <br />by Ve +' J: 5; e fKu iv( <br />Witness my hand and official seal. <br />My Commission expires: �t/ f .1 A015 ,. ALt. )LW M , <br />Notary Public <br />BY THE STRUCTURE OWNER: <br />Date <br />The foregoing instrument was acknowledged before me this day of , 2011, <br />by <br />Witness my hand and official seal. <br />My Commission expires: <br />