Laserfiche WebLink
12-29-2004 05:26pm From-ALSTON AND BIRD 448817777 T-729 P.002/006 F-643 <br /> 4, <br /> CAI2RUGE AGREEMENT <br /> THIS AGREEMENT, made and entered into effective as of the 13th day of September, <br /> 2004, is by and,between the M,Canne Reservoir Company, hereinafter referred to as <br /> "Grantor"and the Ready Mined Concrete Company, a Colorado corporation,hereinafter referred to <br /> as"Grantee." <br /> WITNESSETH: <br /> WHEREAS,Grantor holds legal title to,manages and operates the McCann Ditch; <br /> SAS, Grantee desires to divert waters and water rights,appropriated,unappropriated, <br /> owned or leased through the McCann Ditch far subsequent release, storage, recharge and <br /> augmentation purposes; <br /> WHEREAS, there is capacity in the McCame Ditch to carry "Foreign Water" over and <br /> beyond that diverted by the Grantor's shareholders under the water rights decreed,to the McCanne <br /> Ditch,and <br /> W MP,EAS, Crrantee has entered into a"Memoraudnm of Uaderstau&,,"dated March 16, <br /> 1999, with the City of Brighton CTrighton')(the "MOU") to allow Brighton to use the McCann <br /> Ditch to convey water to the City of Brighton's Kenneth Mitchell Lakes,-(formerly known as <br /> Bromley Lakes)located in Section 13,Township 1 South;Range 67 hest of the a P.M. in Adams <br /> County, Colorado and Grantee has also entered into a Tri-Party Agreements dated December 23, <br /> 2003,between Sprat-Platte Ranch Co.,the Grantee and Brighton(the"Tri-Party A in the <br /> same regard and the essential purpose of this Carriage Agreement is to allow the Grantee to comply <br /> with those agreements now that the Grantor and Grantee are not affiliated companies. <br /> NOW,TFI MFORE,for and in consideration of the premises and the mutual promises and <br /> covenants of the parties hereto,IT IS AGREED AS FOLLOWS: <br /> l. Use of C=Lue Capacity. Grantor agrees that Grantee may use the McCanne Ditch to divert, <br /> convey, can'y and transport such waters and water rights as provided m the MOU and Tri- <br /> Parry Agreement, whether appropriated, unappropriated, owned or leased in excess of any <br /> water currently decreed to the McCanne Ditch(the"Foreipt Water"). <br /> .2. Structures. Any headgates, check structures or measuring structures on the banks of the <br /> McCann Ditch as are necessary to accomplish the purposes of this Agreement shall be <br /> installed by Grantor after good faith negotiations between Grantor and Brighton have <br /> determined the need for the structures and Brighton's responsibility for paying for the same.. <br /> To the event necessary to install such structures, Grantee shall provide, and shall cause <br /> its affiliates to provide,Grantor,its employees and contractors with all rights of ingress <br /> and egress to the McCanne Ditch for the purposes described above_ <br /> 3. Ownership and Responsibility for Structures. Any device or structure so installed in <br /> the McCanne Ditch by Grantor shall remain the property of Grantor. Grantor shall be <br /> responsible for the maintenance and repair of any device or strugG rre. <br /> AJF24lav4 <br /> I <br />