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6 ~G~ii.P/J ~'tJl~~bV I:il<~ I':. fc'~!~ <br />E, f~St re~uJT ~~~r(l: a: .~~ <br />AGf2EEMENT <br />THIS AGREEMENT, made Ihis _ -<~ day of June, 2001 between Platte Sand i3< Gravel <br />1_LC hereinafter referred to as "Platte" whose legal address is 1.5430 Copperfield Dr., <br />Colorado Springs, CO 13097.1 and the Western Mutual Ditch Company, a Colorado <br />corporation hereinafter referred to as "Western" whose legal address is 21454 WCR 33, <br />LaSalle, CO 80645 and Thomas Sharkey hereinafter referred to as "Sharkey" whose legal <br />address is the same as Plane's. <br />WITNESSETI t: <br />WHEREAS, Platte proposes to mine sand and gravel in parts of Sections 23, 26, 34 and <br />35, Township 4 North, Range 67 Wesl of 61h P.M., in Weld County Colorado hereinafter <br />the "properly," and has filed a permit application No. M-2000-158 with the Division of <br />Minerals and Geology, Stale of Colorado and an application for a special use permit, USR <br />1306, wiUr the Weld County Department of Planning Services, Weld County, Colorado; <br />and <br />WHEREAS, Western owns and operates the Western Mutual Ditchwhich has its heacfyate <br />on the north bank of the South Platte River in Section 11, Township 3 North, Range 67 <br />West of the 6°i P.M., in Weld County, Colorado, and wf~ich ditch borders the west and <br />south edges of the area of the properly to be mined; and <br />WHEREAS, Sharkey owns certain ditch rights in Western and also owns certain well rights <br />on the properly described above; ancJ <br />WHEREAS, Western has filed an objection to the special use permit, USR 1306; and <br />WHEREAS, the parties wish to eater into an Agreement to address the concerns of <br />Western; <br />NOW TIiEREFORE, in consideration of the mutual promises contained herein, the parties <br />agree as follows: <br />1. F3efore March 1, 2002 Platte agrees to install two measuring weirs and clocks in the <br />Western Ditch at Platte's sole cost and expense. The first, or "upstream" weir will <br />be located al approximately the point labeled "A" on the rnap attached hereto as <br />Exhibit "A". The second, or downstream weir will be located at approximately the <br />point marked as "B" on Exhibit "A." These weirs will allow measurement of losses <br />fnr a portion of the Ditch located on the subject property, but not for the entire <br />len~ll3 of llJe 1?itcf~ es i! exlsls en Ilte pfc(~erty. A ~arti4n Af the hitch on tine Plalle <br />r.1KIMIW E S 1 EF2 rLMU 11Platle SancPagreernenl 010626 wpd <br />