2015-08-25_HYDROLOGY - M1987038 - Laserfiche WebLink

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@410y/' LIEN i5:51 1-JIU-'L!Dy-dbdi 4 t,UKIYGKn Iv IHIcr-,1HLJ I nu- u�i uv FIRST ,AMENDMENT TO WATER. LEASE AGREEMENT THIS FIRST AMENDMENT TO WATER LEASE AGREEMENT (the "Amendment") is triade as of this B day of t—, , 2009 by and between GOSNEY & SONS, INC. and DON L. GOSNEY (collectively, `Lessors") and OLDCASTLE SW GROUP, INC., doing business as FOUR CORNERS MATERIALS ("Lessee"). RECITALS: WHEREAS, Lessors and Lessee are panties to that certain Water Lease Agreement dated September 25, 2006 (the "Water Lease") whereby Lessors leased to Lessee certain water rights diverted at the Gosney Alternate Pump Station (referred to herein as the "Leased Water") for industrial, commercial and augmentation purposes on the "Owned ProperV' as defined therein; and WHEREAS, Lessors and Lessee desire to amend the terms aad conditions of the Water Lease as set forth herein. All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Water Lease. NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Paragraph I of the Water Lease shall. be deleted iti its entirety and replaced by the following: Lease and Use of mater Diverted at the Gomm Alternate Pump Station and Delivery System, Subject to the terms and conditions of this Agreement, Lessors hereby lease to Lessee suffiicietlt water diverted at time Gosney Alternate Pump Station for Lessee's intended industrial, commercial and augmentation use on the Owned Property consistent with the Water Court Decrees. Commencing April 1, 2009, in addition to leasing Lessee the Leased eater, Lessors shall also lease to Lessee the delivery system associated with the Leased Water. The delivery system shall consist of the Gosney Alternate Pump Station pump, motor, water deliverypipeline, and all valves and devices appurtenant thereto which are collectively involved in diverting and delivering the Leased Water to the Owned Property (the "Delivery System"). During the term of this Agreement, no other use by Lessors or any third -party of water diverted under the Gosney Alternate Pump Station Water Right may occur to the extent that such use would result in iusufFicient water being available to satisfy the Lessee's requirements under f000951 90 / 1)