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MITIGATION AGREEMENT <br /> This agreement ("Agreement") is entered into this day of July, 2014, by <br /> Stonewall Springs Quarry, LLC ("Stonewall"), Fremont Paving & Redi Mix, Inc. <br /> ("Fremont"), and Southwest Farms, Inc. ("Southwest"). Stonewall, Fremont, and <br /> Southwest may hereinafter be collectively referred to as "parties" or individually as a <br /> "party" <br /> RECITALS <br /> 1. Stonewall is the owner of certain real property in Pueblo County, Colorado, more <br /> fully described in Exhibit A, attached hereto (the "Stonewall Property"). <br /> 2. Fremont and Stonewall entered into a Sand and Gravel Lease, whereby Fremont <br /> obtained the right to mine aggregate materials from the Stonewall Property. <br /> 3. Southwest is the owner of certain real property located at 214 391' Lane, Pueblo <br /> Colorado, more fully described in Exhibit B, attached hereto as Exhibit B. <br /> ("Southwest Property"). Southwest operates a farm on the Southwest Property. <br /> 4. The Stonewall Property and the Southwest Property share a common border, <br /> with the Stonewall Property situated to the south and east of the Southwest <br /> Property. The Stonewall Property and the Southwest Property may be <br /> hereinafter collectively referred to as the "Properties". <br /> 5. Certain disputes have arisen between Fremont and Southwest regarding water <br /> usage at the Properties, including a dispute about the effect that dewatering the <br /> gravel mine within the Stonewall Property has on Southwest Farms' wells. <br /> 6. The parties intend by this Agreement to fully and completely resolve all existing <br /> and potential claims between them regarding water usage at the Properties. The <br /> Parties have agreed to submit a monitoring plan to the State, separate from this <br /> Agreement. This Agreement is a compromise of disputed claims, and is entered <br /> into without admission of liability or wrong doing by any party. <br /> AGREEMENT <br /> NOW, THEREFORE, the parties agree as follows: <br /> A. Southwest claims de-watering of Phase I has adversely effected the water <br /> available to it from its' agricultural wells. Fremont denies its' de-watering <br /> activities have adversely affected Southwest's agricultural wells. Nonetheless, <br /> as a compromise, Fremont agrees to install at its expense up to 2700 linear feet <br /> of pipeline and pump to a mutually agreeable point on the Excelsior Ditch water <br /> from its de-watering activities that otherwise would be pumped to the Arkansas <br /> River. Prior to installation of the pipeline, Fremont shall consult with Southwest <br />