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iiiiii~iii~iiiiiiii AGREEMENT THIS AGREEMENT is entered into this (~' `day of July, 1995, by and between THE TOWN OF CRESTED BUTTE, a Colorado home rule municipality of P.O. Box 39, Crested Butte, CO 81224, (hereafter "Town"), and GUNNISON COUNTY ELECTRIC ASSOCIATION, INC., a Colorado corporation of P.O. Box 180, Gunnison, CO 81230, (hereafter "Association") upon the following terms and conditions' RECITALS WHEREAS, the Town of Crested Butte, Colorado is a home rule municipality duly and regularly organized and now validly existing as a body corporate and politic under and by virtue of the Constitution and laws of the State of Golorado; and WHEREAS, the Association is a member owned cooperative corporation doing business in Gunnison County, Colorado which owns electrical transmission lines, poles and other facilities on and near property owned by the Town known as the "Mountain View Gravel Pit", having Colorado Permit No. M-81-002 (hereafter "Pit"); and WHEREAS, the Town is entering into a Mineral Lease with Kiewit Western Company for the purpose of allowing extraction and removal of pit run from the Pit; and WHEREAS, Section 34-32-115(4)(d) of the Colorado Mined Land Reclamation Act requires that the Mined Land Reclamation Board shall deny a permit to extract materials as part of a mining operation if such extraction may adversely affect the stability of any significant, valuable, and permanent man-made structures located within 200 feet of the affected land, except where there is an agreement between the operator and the owner of the structures that damage to any of the structures shall be compensated for by the operator; and WHEREAS, the parties wish to enter into this Agreement for the purpose of est~b!ishir•g the Tcwr.'s '.i~bi!ity fcr re^airi^^y any dw^:age cccurring to Association's structures as a result of its mining operation, in conformance with Section 34-32-115(4) (d). NOW, THEREFORE, for and in consideration of the above recitals and the mutual promises and covenants set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Town agrees that if any of Association's transmission lines, poles or other electrical facilities are damaged by the Town or any entity or person operating under the authority of the Town in the Pit, the Town shall be responsible for repairing any such damage, or compensating the Association for repair of such damage, at Association's sole discretion.