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AGREEMENT
<br />THIS AGREEMENT is made this 11th day of September, 2013, by and between
<br />Hall -Irwin Aggregates, LLC and Bestway Concrete and Aggregates, 301 Centennial
<br />Drive, Milliken, Colorado, 80543 (hereafter collectively referred to as "Bestway ") and
<br />Bracewell PUD Homeowners Association, a Colorado non - profit corporation, located at
<br />12678 Shiloh Road, Greeley, CO, 80631, (HOA); and
<br />WHEREAS, the HOA owns certain real property located in Bracewell PUD, a
<br />subdivision of Weld County, Colorado ( "Subdivision's being the common areas of the
<br />Subdivision, more particularly described as Outlot "A" and Outlot "C", of the Bracewell
<br />P.U.D., as recorded in the records of the Clerk and Recorder of Weld County on July
<br />28, 2004, under Reception No 3203153, located in the Southeast (SE1 /4) of Section
<br />Thirty (30), Township Six North (T.6N), Range Sixty Six (R.66W) of the Sixth Prime
<br />Meridian (e P.M.), County of Weld, State of Colorado, (HOA Property) and is shown on
<br />Exhibit 3 attached; and,
<br />WHEREAS, the HOA Property includes a lake known as Shiloh Lake; and
<br />WHEREAS, the HOA Property is a part of the property included within Mining
<br />Permit M- 1996 -060 issued by the Division of Reclamation, Mining and Safety, State of
<br />Colorado (DRMS), and is included within Use by Special Review permit #USR -1125
<br />issued by Weld County on October 1, 1996; and
<br />WHEREAS, Bestway is the successor in interest to Hall -Irwin Corporation, f/k/a
<br />Hail -Irwin Construction Company, and is responsible for the reclamation of the HOA
<br />Property pursuant to the reclamation plan prepared by Rocky Mountain Consultants
<br />7/11/00 and approved as part of the M1996 -060 mining permit (Reclamation Plan)
<br />attached as Exhibit 4; and,
<br />WHEREAS, the HOA Property is depicted on Exhibit 4 as Parcel 3, and Shiloh
<br />Lake is referred to on Exhibit 4 as Pond H; and
<br />WHEREAS, the parties wish to enter an agreement regarding the reclamation
<br />required on the HOA Property required by the Reclamation Plan, and to release the
<br />bond held by the Division of Reclamation, Mining and Safety, State of Colorado (DRMS)
<br />for reclamation of the HOA Property; and,
<br />WHEREAS, all members of the HOA have authorized the President to enter into
<br />this Agreement and to execute the letter attached hereto.
<br />NOW, THEREFORE, for good and valuable consideration, the receipt and
<br />sufficiency of which is hereby confessed and acknowledged, the parties agree as
<br />follows:
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