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WATER LEASE AGREEMENT <br />THIS AGREEMENT is made and entered into this 20th day of December 2016, by and <br />between Aggregates Industries. (AI), and Martin Marietta Materials, Inc, ("Martin <br />Marietta"). <br />i;t:.t*rr73 <br />Whereas Martin Marietta is the owner of a lined gravel pit storage reservoir located in Section <br />9, Township 2 North, mange 68 West, 6PM, Weld County Colorado near the intersection of <br />Colorado Highway 119 and County Road 7 ("Heaton Reservoir') per Decree OICW193. <br />Whereas Al wishes to take delivery of IM acre feet of fully consumable water currently <br />stored in Heaton Reservoir during the 2017 irrigation season (April 2017 to October 2017) for <br />use in AI's Combined Substitute Supply Plan (WDID 0202565) per the delivery schedule <br />attached as Exhibit A. <br />AGREEMENT <br />Therefore, in consideration of the mutual covenants and promises of the parties hereto, it is <br />agreed as follows: <br />L Beginning from the date of this Agreement until October 31s, 2017, Martin Marietta will <br />deliver 13.0 AF of water from Heaton Reservoir to Boulder Creek per attached Exhibit A to <br />be used in Al's Combined Substitute Supply Plan. <br />2. The water leased to Al is for the exclusive use by Al and shall not be leased or conveyed to <br />others except by written permission from Martin Marietta <br />3. The cost of the lease water shall be $200.00 per acre-foot. Payment will be made by Al <br />within thirty days following the month of use. This payment shall be nonrefundable and Is <br />not contingent upon AI's actual usage of the water or can be made in one lump sum payment <br />of $2,600 to Martin Marietta for the 2017 season. <br />+l. This Agreement is binding upon the parties, their successor and assigns. <br />By: <br />Industries <br />.'�J' <br />(?"Name and Title) <br />1�e,�er /�e�ian ,,1 La"a/ at �►rvirnnMenf ��''`ee-fah <br />If <br />Martin Marietta Materials, Inc. <br />BY: ` as <br />"t Name and Title} <br />