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AGREEMENT <br /> THIS AGREEMENT is between Ready Mixed Concrete Company dba Ready <br /> Mix Aggregates ("RMA") and David Petrocco Farms, Inc. ("DPFI"). <br /> RECITALS <br /> A. DPFI irrigates and farms property in Adams County, Colorado, <br /> described on Exhibit A hereto. DPFI also operates greenhouse and a vegetable <br /> washing and processing facility on the same property (collectively referred to herein <br /> as the "DPFI Farm Operation"). Water for irrigation of DPFI's agricultural property <br /> and for the DPFI Farm Operation is provided through several groundwater wells <br /> permitted by the Colorado State Engineer, which are also described on Exhibit A <br /> (the "DPFI Wells"). <br /> B. RMA proposes to mine sand and gravel from its Pit No. 1, which is <br /> generally located in the SE%SE% of Section 14, T. 1 S., R. 67 W., 6th P.M. The <br /> mining operation will require that RMA dewater the pit prior to extracting sand and <br /> gravel material. <br /> C. The parties hereto desire to enter into this Agreement to set forth <br /> certain mitigation measures to protect the DPFI Farm Operation and the DPFI Wells <br /> in the event of any adverse affects to them resulting from the dewatering of Pit <br /> No. 1. <br /> Agreement <br /> In consideration of the promises set forth below and other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby acknowledged, the <br /> parties agree as follows: <br /> 1. Conditions Precedent. The mitigation measures set forth below shall <br /> be implemented by RMA only after its Conditional Use Permit Amendment for Pit <br /> No. 1 is approved by the Adams County Board of County Commissioners, all other <br /> approvals and permits have been obtained and RMA has elected to construct and <br /> mine Pit No. 1. <br /> 2. Mitigation Measures. <br /> a. Delivery of water to the DPFI Farm Operation. Sixty (60) days prior to <br /> the start of dewatering Pit No.1, RMA will install, at its sole expense, a <br /> water storage and delivery system to supply the water needs of the <br /> DPFI Farm Operation. The water storage system and delivery system <br /> would include, and be limited to, installation of two (2) 5,000 gallon <br /> water storage tanks, including all electrical and plumbing <br /> [11.Agreement-Petrocco wells] -1- <br />