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APPEN_D1X <br /> AGREEMENT TO LEASE AUGMENTATION WATER <br /> THIS AGREEMENT TO LEAS AUGMENTATION WATER is entered <br /> into as of the '?- day of SIC 5_1 13 6--R- . , 1996, <br /> between Centenri—ial Water and Sanitation District ("Centennial") , a <br /> quasi-municipal corporation organized under the laws of Colorado, <br /> Lessor,' whose address As 62 W. Plaza Drive, Highlands Ranch, <br /> Colorado 80126, and the Cooley Gravel Company ("Cooley") , a <br /> corporation duly organized and existing under and by virtue of the <br /> laws of the State of Indiana, Lessee, whose address is P. 0. Box <br /> 5485 T.A. , Denver, Colorado , 80217, 3609 S. Wadsworth Boulevard, <br /> Suite 300, Lakewood, Colorado 80235. <br /> RE TAL <br /> WHEREAS, Cooley and Centennial entered into an Agreement <br /> to Convey Wate, Rights in Exchange for Lease of Augmentation Water <br /> � <br /> dated t-zx 15F-fL- and <br /> WHEREAS, pursuant to that agreement, Centennial agreed to <br /> provide certain augmentation water to Cooley, subject to the terms, <br /> of both that agreement and the lease agreement herein, <br /> NOW, THEREFORE, in consideration of this lease agreement <br /> and the Agreement to Convey Water Rights in Exchange for Lease of <br /> Augmentation Water, the parties agree as follows .- <br /> 1. upon completion of each' of the following, Centennial <br /> shall deliver annually up to 30 acre-feet of perpetual augmentation <br /> water ' to be used in connection with Cooley' s gravel mining <br /> operations located near the South Platte River or Plum Creek: <br /> execution of the special warranty deed conveying Cooley' s 1.0546 <br /> shares of Nevada Ditch Holding Company stock to Centennial; <br /> assignment and delivery of Cooley' s Nevada Ditch Stock Certificate <br /> NO. 163 to Centennial; and transfer of said stock to <br /> Centennial's name on the books of Nevada Ditch Holding Company and, <br /> issuance of a new stock certificate`in Centennial's name, if <br /> necessary. This lease agreement and Centennial's obligation to <br /> deliver water hereunder shall be effective upon the date by which <br /> Cooley completes the performance of each of the foregoing <br /> oblications.. <br /> 2 . Such water shall be delivered, at Centennial' s sole <br /> discretion, at any point on the South Platte River at or upstream <br /> from the mouth of Little Dry Creek in section 33, T4S, R68W, of the <br />