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WATER LEASE AGREEMENT <br />THIS AGREEMENT is made and entered i <br />by and between Aggregates Industries. (Al), <br />("Martin Marietta"), <br />to this day of 2018, <br />and Martin Marietta Materials, Inc, <br />RECITALS <br />Whereas Martin Marietta is the owner of a lined gravel pit storage reservoir located in <br />Section 9, Township 2 North, Range 68 West, 6PM, Weld County Colorado near the <br />intersection of Colorado Highway 119 and County Road 7 ("Heaton Reservoir") per Decree <br />O1CW193. <br />Whereas Al wishes to take delivery of 14 acre feel of fully consumable water currently <br />stored in Heaton Reservoir according to the schedule attached as Exhibit A. Such water will <br />be used as a replacement source in AI's Combined Substitute Supply Plan WID 0202565. <br />AGREEMENT <br />Therefore, in consideration of the mutual covenants and promises of the parties hereto, it <br />is agreed as follows: <br />1. Beginning from the date of this Agreement until October 315', 2018, Martin Marietta will <br />deliver 14 AF of water from Heaton Reservoir to Boulder Creek per attached Exhibit A to be <br />used in AI'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 pen-nission from Martin Marietta <br />The cost of the lease water shall be Mer 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 Wo Martin Marietta for the 201$ season. <br />4. This Agreement is binding upon the parties, their successor and assigns. <br />Aggregate Industries <br />By:�Uf'&Ilkl LAZA usf ` Cl C. <br />(Print Name and Title) <br />Mar <br />LN <br />(Print Name and Title) <br />Q0CY,1+&3 0l VI -51w <br />