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• ~_ f <br />~• IIIIIIIIIII ll,,,II <br />AGREEMENT <br />AliD <br />COMPRO[1ISE <br />This Agreement is executed in duplicate ori;inal <br />as of this L?y `day of ' 19%9 b and <br />between Ho11y Sugar Corporation (hereinafter "Holly"), <br />a New '[o rk rorporation with offices at L00 Chase Stone <br />Center, Cclorado Springs, Colorado 8090), of the first part, <br />and Colorado Lien Company (hereinafter "Lien") a Colorado <br />corporation whose address is P. 0. Box 1951, Fort Co111ns, <br />Colorado 80521, of the second part. <br />R E C I T A T I O N S <br />I. Holly is a manufacturer of sugar and sugar <br />related products, which operates a beet sugar factory, <br />among o`_hers, near the Town of Torrington, !ayomir.g. Lien <br />is a contractor, which engages in the mining and processing <br />of limestone and re Lated products. Highgrade limestone is <br />a necessary ingredient in the processing of sugar from sugar- <br />beets. <br />II. Section 76, Township 10 North, Range 70 :nest, <br />5th P.M., Lar imer County, Colorado (hereinafter "Section 36") <br />is held in fee by the State of Colorado and adminis tired <br />by the State Board of Land Commissioners (here_naf ter the <br />"Board"). Ho11y holds Mineral Lease No. 1431, dated June 5, <br />1959, from the Stat=_ of Colorado permitting it to extract <br />minerals from Section 35, including Limestone. Lien folds <br />Leases :Jos. 5-74?23, dated January 30, i9 i0 (hereinafter the <br />"1970 Surface Lease"1 and 5-361%9, dated Nay 3, 19 i6 (here- <br />i.-.af tec t~.z "19 i6 Surface Lease") from tte State of Cole ra::o, <br />1 <br />