2005-03-09_REVISION - M1978056 (2)

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AGREEMENT THIS AGREEMENT is entered into this day of February, 2005, by and between BLISS INVESTMENTS, LLC and BLISS PRODUCE CO. (hereinafter referred to as "Landowners") and VARRA CO. (hereinafter referred to as "Varra"). WHEREAS, Landowners awn certain property located in Weld County and more accurately described as follows: SEE EXHIBIT A (hereinafter referred to as the "Property"); WHEREAS, the southern boundary of the Property abuts the Cache La Poudre river; WHEREAS, Varna operates a sand and grave] operation and is currently leasing land on the opposite bank of the Cache La Poudre river from [he Property (to be referred to as the "Varra Property", although such description shall not be used to suggest that Varna has a fee interest in the Property); WHEREAS, Varra and/or previous parties in possession of the Varna Property have erected obstructions consisting of unengineered berms and uncertified levies on the flood way of the River which may effect the direction of the flow of flood waters (such structures are referred to hereafter as the "Berms"); WHEREAS, engineers for the parties have agreed upon the design and location of such Berms, which agreement is set forth on Exhibit B; WHEREAS, Varra is in the process of prepazing and submitting a final flood control mitigation plan for approval by the Anny Corps of Engineers, FEMA, Colorado Conservation Board, the Weld County Commissioners, and other agencies (hereinafter referred to as the "Final Flood Control Mitigation Plan"; WHEREAS, the parties now seek to enter into an agreement which will protect the Landowners from any property damage in the event of flooding to the Property caused by the Berms located on the Varra Property. WHEREFORE, for good and valuable consideration, the parties covenant and agree as follows: 1. Varra, at its sole expense, agrees to construct one or more earthen berms on the Property. Such benn(s) shall be constructed according to the following specifications: