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AGREEMENT <br />THIS AGREEMENT is made this _ day of September, 2003 between Heit Farrn, <br />Ltd. ("Landowner") and SW Meadow, LLC and Aquatic and Wetland Company, Brad <br />Windell, John 7. Windell, and Gregory Windell (collectively, "AWC"). <br />RECITALS <br />A. Landowner owns property located in Section 13, Township 2 North, Range 67 <br />West of the 6~' P.M., as more specifically set forth on Exhibit "A," attached hereto <br />(the "Landowner Property"). <br />B. Landowner and SW Meadow, LLC (collectively, "Applicant") propose to mine sand <br />and gravel on the Landowner Property, and have filed DMG 112 Pemtit <br />Application Number M-2003-016 with the Colorado Division of Minerals and <br />Geology ("DMG")and Use By Special Review Application 1444 in Weld County in <br />furtherance of this objective. <br />C. Brad Windell, Jay Windell and Gregory Windell own lands contiguous to the <br />Landowner Property, specifically described in Exhibit "B" attached hereto (The <br />"Windell Property"), which lands are used by the Aquatic and Wetland Company <br />for the purpose of cultivating wetland and other plant species for sale. AWC was <br />concerned that Applicant's proposed mining activity would negatively affect the <br />Wells and the cultivated fields on the Wendell Property, and for this and other <br />reasons, filed objections to DMG 112 Permit Application No. M-2001-046 and USR <br />Application 1444. AWC remains an interested party in each of these proceedings. <br />D. Landowner, SW Meadows and AWC wish to resolve their differences with regard <br />to M-2003-016 and USR 1444. <br />AGREEMENT <br />In consideration of the mutual promises and other valuable wnsideration exchanged <br />herein, Applicant and AWC agree as follows: <br />1) Recitals. All recitals are incorporated here. <br />2) Slurry Wall. Applicant shall not dry mine the Landowner Property. A slurry wall <br />shall be installed surrounding the entire area proposed for mining prior to the <br />commencement of mining. Such slurry wall, as installed, shall meet or exceed the <br />standards set forth by the Office of the State Engineer in place at the time of its <br />construction. So long as Applicants meet said standards, AWC shall not tender any <br />objection to the Office of the State Engineer regarding the specifics of the slurry <br />wall. <br />F:~PAJ\CoyleUlgreement 030923.doc <br />000 ¢j Ob~'I'I TTTT 95C OGB XV3 ZD~80 0.861 CO/i~Z/60 <br />