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I <br />• <br />~ ~ ~P'~~ <br />AGREEMENT <br />This AGREEMENT is entered into and made effective as of the ~ ~ I-j day of <br />~ L; ~; ~ , 200rJ , by and between L. G. EVERIST, INC., an Iowa Corporation <br />(hereinafter "EVERIST"), and THE LUPTON BOTTOM DITCH COMPANY, a Colorado <br />company (hereinafter "LUPTON BOTTOM"). <br />RECITALS <br />EVERIST is the real owner of the EVERIST PROPERTY, which is defined as: <br />EVERIST PROPERTY: The Property is located in the S '/: of the NW '/. of Section 30, <br />Township 2N, Range 66W, Weld County. The Property lies approximately 3 miles north of <br />Fort Lupton, Y: mile south of Weld County Road 18, and approximately 1 mile west of <br />Highway 85. <br />LUPTON BOTTOM is the owner of the Lupton Bottom Ditch, a section of which traverses the <br />EVERIST PROPERTY. LUPTON BOTTOM PROPERTY is defined as: <br />LUPTON BOTTOM PROPERTY: The Property is located within the EVERIST PROPERTY, <br />and consists of 1150 feet of the Lupton Bottom Ditch, and fifteen (15) feet from the <br />centerline of the ditch. LUPTON BOTTOM has permanent easement and right-of-way to <br />their Property. <br />For purposes of this agreement, "LUPTON BOTTOM DITCH" hereinafter refers only to the <br />1150 feet of the Lupton Bottom Ditch which is located within the EVERIST PROPERTY. <br />EVERIST plans to mine the EVERIST PROPERTY for its sand and gravel reserves. <br />EVERIST has proposed mining through the LUPTON BOTTOM PROPERTY. <br />EVERIST has proposed building a temporary ditch in order to maintain water flow while <br />extracting the sand and gravel resources from the area of the EVERIST PROPERTY which the <br />LUPTON BOTTOM DITCH traverses. <br />When mining of the original ditch location is complete, the LUPTON BOTTOM DITCH will be <br />rebuilt and replaced back into its original position and lined with concrete. <br />This AGREEMENT has been proposed by both EVERIST and LUPTON BOTTOM in order to <br />define and make firm the terms and conditions of the ditch relocation proposal. <br />TERMS AND CONDITIONS <br />In consideration of the mutual promises and agreement of the parties herein and subject to the <br />following terms and conditions, the parties agree as follows: <br />The full TERM of this Agreement commences with the effective date, as shown above, and <br />runs until such time as the Agreement is terminated by either or both parties. <br /> <br />