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LL city° <br />, - <br />Louisville iDepartment of Public Works <br />COLORADO • SINCE 1882 <br />Daniel W. Hunt, President <br />Asphalt Specialties Co., Inc. <br />10100 Dallas St. <br />Henderson, CO. 80640 <br />October 25, 2017 <br />]via email] <br />Subject: Annual Lease of Reuse Water for Turnpike Mining Resource DMG Permit No. M-2004- <br />009-1 Located in Weld Countv, Colorado <br />Dear Mr. Hunt: <br />This is to confirm our arrangement (this "Agreement") regarding the lease of fully <br />consumable, reusable water discharged to Coal Creek or alternate points in the Boulder Creek Basin <br />by the City of Louisville (Lessor) to be used by Asphalt Specialties Co., Inc. (Lessee), sometimes <br />hereafter referred to as "Party" in the singular or "Parties" in the plural. The reuse water will be used <br />for the purpose of replacing depletions to Boulder Creek in the amounts calculated in the Temporary <br />Substitute Water Supply Plan (SWSP) approved by the Office of the State Engineer (SEO) for <br />Turnpike Mining Resource (M-2004-009-1). <br />I) Term of Lease. This Agreement shall be effective from the execution date hereof for <br />a one-year period beginning on November 1, 2017 and ending on October 31, 2018. <br />2) Good Faith Negotiations. The Parties hereto desire to discuss satisfactory terms to <br />make fully consumable, reusable water available to Lessee in future years and hereby <br />agree to negotiate in good faith to enter into future annual lease agreements. <br />3) Lease Price. Payment for the lease is $350/AF during the term of this lease. The <br />Replacement Schedule (as provided by Lessee) is attached showing the delivery <br />schedule of reuse water to be released by the Lessor. Payment shall be due and <br />owing to Lessor upon execution of this letter for the lease of reusable water during <br />the term of this lease. The cost for the term of the lease has been calculated to be <br />$9,887.50. <br />4) Delivery of Water. The Lessor will deliver fully consumable, reusable water into the <br />Boulder Creek Basin at Louisville's discharge point on Coal Creek, or at other points <br />in the Boulder Creek Basin designated by Louisville and acceptable to the District 6 <br />Water Commissioner to meet the requested needs of Lessee, per the Replacement <br />Schedule, attached. <br />749 Main Street, Louisville, Colorado 80027 • P - (303) 3354608 F - (303) 335-4550 <br />www.louisvilleco.eov 0 <br />