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WATER LEASE AGREEMENT <br /> This AGREEMENT is made and entered into effective as of the 2 (lay of <br /> 2021 (hereinafter called "Effective Date"), by and between Pueblo, a municipal <br /> corporatiorf, acting by and through the Board of Water Works of Pueblo, Colorado (hereinafter <br /> called "Pueblo Water") and Front Range Aggregates, LLC, (hereinafter called "Lessee") by its <br /> sole member Martin Marietta Materials, Inc. <br /> RECITALS <br /> WHEREAS, the water use that is the subject of the Agreement is of a type not normally <br /> within any regular rate schedule fixed by Pueblo Water; and the parties mutually agree that the <br /> terns for the lease of water for the purpose hereinafter set forth should be the subject of this <br /> special Agreement; and, <br /> WHEREAS, Lessee desires to procure raw water from Pueblo Water for replacement of <br /> depletions resulting from its mining operation in Fremont County, Colorado; and, <br /> WHEREAS, Pueblo Water desires to supply raw water to Lessee for its use for this <br /> purpose; and, <br /> WHEREAS, Lessee and Pueblo Water are parties to a Water Lease Agreement dated <br /> February 18, 2016, the term of which ends March 31, 2021. <br /> NOW, THEREFORE, for and in consideration of the mutual promises herein contained <br /> and the payments to be made hereunder, the parties hereto agree as follows: <br /> AGREEMENT <br /> 1. Term of Agreement. This Agreement will be in force for a period of 3 years <br /> commencing April 1, 2021 and terminating March 31, 2024. Each twelve month period, <br /> beginning with the commencement date stated above in this paragraph, is treated as a Contract <br /> Year under the terms of this Agreement. <br /> 2. Quantity. In accordance with the terms hereof, Pueblo Water will make available for <br /> delivery to Lessee 50 acre-feet of water during each Contract Year. This is the quantity of water <br /> to be paid for and made available for delivery Linder this Agreement for each Contract Year. <br /> 3. Delivery of Raw Water. The water to be delivered hereunder is raw water that has not <br /> been treated to make it suitable for any particular use. Any treatment of the water delivered <br /> hereunder to make it suitable for Lessee's use is the responsibility of Lessee. <br /> 4. Delivery of Consumable Water. Pueblo Water agrees to deliver to Lessee <br /> transmountain water or other water that is considered totally consumable or suitable for <br /> augmentation and replacement purposes under Colorado law, including but not limited to, <br /> Page 1 of 7 <br />