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I3RAF? v/'?'3/05 <br />AGREEMENT TO FACILITATE THE - <br />DEVELOPMENT OF A WATER STORAGE FACILIT2L <br />IN CELL #1 AT BROMLEY LAKES, n/k/a MITCHELL LAKES <br />Thts Ao Bement to Facilitate the Devetoptnent of Water Storage Facility in Ceil #1 (hereinaffer <br />".agreement") is entered this day of "'005, by and between the CITY C)F <br />3RIGHTON, COLORADO, a municipal corporation (hereinafrer "CITY") and READY MIXED <br />CONCRETE COMPANY. a Colorado corporation {hereinafter "RMCC"l. The CITY and RMCC may be <br />jointly referred to hereinafrer as the "parties," <br />RECITALS <br />WHEREAS the parties entered a Memorandum of Understanding Addressing Certain Issues <br />Related to Water Storage and Bromley Lakes, effective March 16, 1999 (hereinafrer "1999 MOU"), the <br />terms of which aze incorporated herein by this reference, as well as various other agreements that relate to <br />the mining, reclamation and development of certain water storage facilities on the Bromley Lakes <br />Property, n/k/a Mitchell Lakes, which property is owned by the CITY and more specifically described in <br />Exhibit A hereto; <br />WHEREAS RMCC is authorized to mine sand and gravel from three distinct mine cells on the <br />Bromley Lakes Property (Cell #'s 1, Z and 3) pursuant to Permit No. M-87-049 issued initially by the <br />Colorado Mined Land Reclamation Board (hereinafter "NLRB") on September 27, 1987, as amended on <br />October 18, 1995, ("NLRB Permit"), and to properly reclaim the Bromley Lakes Property pursuant to the <br />Reclamation Plan approved by the NLRB as a condition of the NLRB Permit. <br />WHEREAS the Reclamation Plan for the Bromley Lakes Property approved as a condition of the <br />NLRB Permit authorizes apost-mining land use of wildlife habitat and groundwater-fed lakes and <br />requires the construction by RMCC of certain flood control structures; <br />WHEREAS although the Reclamation Plan in the NLRB permit does not specifically authorize <br />the installation of a slurry wall or apost-mining land use comprising lined water storage, the NLRB <br />Permit anticipated the possible water storage use and slurry wall installation upon future amendment of <br />the Permit; <br />WHEREAS lined water storage is the City's preferred post-mining land use for Cell # 1 and the <br />installation of a slurry wall is required to establish a lined water storage facility in Cell # 1; <br />WHEREAS Stipulation No. 1 to the NLRB Permit provides that RMCC "will comply with the <br />UDFCD requirements pertaining to the South Platte River setback criteria and associated floodplain <br />management procedures'' and it further provides that RMCC "will also comply with any requirements <br />pertaining to the relocation and or accommodation of flow from Third Creek"; <br />WHEREAS, included in the "associated floodplain management procedures'' are certain flood <br />control structures. to wit: `'side channel depressions" and "depressions in dike": <br />WHEREAS the UDFCD requirements pertaining to the South Platte River setback criteria and <br />associated floodplain management procedures are set forth in that certain document known as "Technical <br />Review Guidelines Jor Grave! Mining Activities Within or Adjacent to 100-year Floodplams, " (December <br />1987) prepared by UDFCD in cooperation with Adams Countv and the Colorado Rock Products <br />Association (hereinafter "UDFCD Guidelines"): <br />EXHIBIT <br />V <br />