PROJC01841 ‎(2)‎

• Contract/PO #: C150270
• Contractor Name: Headgate 135 Lateral, Inc.
• Contract Type: Loan
• Water District: 0
• County: Mesa
• Loan Projects - Doc Type: Feasibility Study

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AGREE1\tlENT

THIS AGREEMENT is entered between the 3,P Development, a Colorado Limited
Liability Company, \'Ilhose address is 0038 South Oak Street, Glenwood Springs,
Colorado 81601 and Headgate 135 Lateral, Inc., a Colorado non-profit Corporation,
whose address is 3042 Belford Court, Grand Junction, Colorado 81504, as of the date
entered below.

WHEREAS, the 3P Development, LLC is the owner of Property located at 3046 E Road
and 3048 E Road, Grand Junction, Colorado, which property is presently being
developed as neighborhood business property known as the "Barn Business Park";

WHEREAS, Headgate 135 Lateral, Inc. owns, operates and maintains a ditch easement
across the eastern portion of the property owned by the 3P Development, LLC which
easement continues southward to Gunnison A venue and to other properties served by the
lateral; and

WHEREAS, the parties desire to cooperate in projects with the Natural Resource
Conservation Service (NRCS) for piping the irrigation lateral across the property owned
by the 3P Development, LLC on terms as set forth herein.

NOW, THEREFORE, 3P Development, LLC and Headgate 135 Lateral, Inc., upon the
mutual covenants hen;:in contained, the sufficiency of whk:h is acknowledged by the
parties, agree as follows:

1. 3P Development, LLC and Headgate 135 Lateral, Inc. agree to equally share the cost
of installing an irrigation pipe 15 to 18 inches in diameter along the eastern portion of the
property owned by the 3P Development, LLC and within the easement owned and
operated by Headgate 135 Lateral, Inc. Based upon 2007 NRCS projections, the parties
anticipate that the piping costs for this approximate 550 foot distance would be $7837.50.
The parties acknowledge and agrc;:e that their final cost to be divided equally for this line
may be higher, based upon a 2008 NRCS proj,e'::tion that is to be finalized prior to
construction.

2. The parties agree that Headgate 135 Lateral, Inc. shall serve as the primary contractor
for the irrigation pipe project and a drainage pipe project which is simultaneously being
constructed. The parties acknowledge that Headgate 135 Lateral, Inc. may use a copy of
this agreement as it finalizes plans and agreements to complete the project, including but
not limited to landovvners and neighbors affected by and participating in the project, the
NRCS, the Grand Valley Drainage District and potential funding sources such as the
Colorado Water Conservation Board. Headgate 135 Lateral, Inc. shall provide 3P
Development, LLC copies of any and all documents enter(~d in connection with the
project at any time upon request. Headgate 135 Lateral, Inc. shall provide 3P
Development, LLC with copies of the 2008 NRCS projections for the irrigation project

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