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EXTENSION OF AGREEMENT <br />BETWEEN THE CITY OF BRIGHTON, <br />ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE <br />AND READY MIXED CONCRETE COMPANY <br />THIS "EXTENSION OF AGREEMENT" (hereinafter "Eveusion "), is made and <br />entered into as of the day of av e for, 2012, by and between the City of Brighton, <br />Colorado, a home rule municipal corporation of the County of Adams, State of Colorado; acting <br />by and through its Water Activity Enterprise (hereinafter the "C'it.v ") and heady Mixed Concrete <br />Company, a Colorado corporation (hereinafter "RMCC "). The City and RMCC may be referred <br />to herein collectively as the "Parties" or individually as a "Parhv." <br />WITNESSETH: <br />WHEREAS, the City is the owner of the right to use fully consumable water available <br />for augmentation; and <br />WHEREAS, RMCC operates a gravel minim* site I0C,1LCd within the city limits of <br />Brighton; and <br />WHEREAS, RMCC has obtained an Amended Substitute Water Supply Plan (SWSP) <br />SO it can augment the. evaporative losses for the gravel mining operations; and <br />WHEREAS, on November 1, 2010 the Parties enlered that certain Agreement Beliveell <br />the Cite n/' Brighton, Acting Btu And through its Water Activit►, Enterpi -ise and ReadY Mixed <br />C'n,tc•rwe Compan.N. (the "Initial Ogre ell? e111 ") tmdcr which the City leased to RMCC up to two <br />hundred fifty (250) acre feet of the City's fully consumable water rights annually as the <br />replacement source for out of priority depletions caused by the gravel mining operations, And <br />WHEREAS, the term of the Initial Agreement is for two (2) years, commencing January <br />1, 2011 and terminating on December 31, 2012; and <br />WHEREAS, by this Extension the Parties seek to extend the Lease of up to 250 acre feet <br />of the of the City's fully consumable water rights to RMCC pursuant to Paragraph 9 of the initial <br />Agreement. <br />NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br />contained herein, and for other good and valuable consideration, the adequacy of which is hereby <br />confessed and acknowledged by RMCC and the City. RMCC and the City agree as follows: <br />1. Term. The term of this Extension and Lease of up to 250 acre feet of the City's <br />fully consumable water rights shall be for one (1) year beginning on January 1, 2013 and <br />terminating on December 31, 2013, unless extended as provided in Paragraph 9 of the Initial <br />Agreement. <br />