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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 "live)ision "), is made and <br />entered into as of the 1Z day of tw e,, )tj., 2012, by and between (lie City of Brighton, <br />Colorado, a home rule municipal corporation of the C'ounty of Adams, State of Colorado; acting <br />by and through its Water Activity Enterprise (hereinafter the "Ci 1, ") and Ready Mixed Concrete <br />Company, a Colorado corporation (hereinafter "RMCC "). The City and RMCC may be referred <br />to herein collectively as the "Parlies" or individually as a "Perch? <br />WITNESSETH: <br />WHEREAS, the City is the owner of the right to use fully consumable water available <br />fur augmentation; and <br />WHEREAS, RMCC operates a gravel mining site locatcd within the city limits of <br />Brighton; and <br />WHEREAS, RMCC has obtained an Amended Substitute Water Supply Plan (SWS11) <br />so it can augment the evaporative losses for the gravel mining operations; and <br />WHEREAS, on November 1, 2010 the Parties entered that certain Agreemew Beii -Teen <br />the Cirr nl' Rrighlon. Acting Rte And '/'icrough its Water Artivi�y [sate rpi-ise and Rend.v Mixed <br />Concrete CamI,a11.i1 (the "Initi(l Agreement ") under 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 depletion~ caused by the gravel minim; 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 nl' 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 />i . Term. The term of this Extension and Lease of up to 250 acre feet of the City's <br />fully consumable water rights shall he 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 />