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<br />AMENDMENT TO TEST WELL LICENSE AND LAND USE AGREEMENT <br />THIS AMENDMENT TO TEST WELL LICENSE AND LAND USE AGREEMENT <br />("Amendment") is entered into thisot~ day of NoveAtber 2002, between Schlage Lock Company, <br />whose address is 3899 Hancock Expressway, Colorado Springs, Colorado 80911 ("Licensee"), and <br />Security Water District, whose address is 281 Security Blvd., P.O. Box 5156, Colorado Springs, <br />Colorado 80911 ("Licensor"). <br />RECITALS <br />M <br />A. The Licensor and Licensee entered into an April 1, 1990 Test Well License and <br />Land Use Agreement ("License Agreement"). <br />B. The License Agreement was entered into for the purpose of allowing the Licensee <br />to use approximately 30 acres of the Licensoe's property as described in Exhibit A to the License <br />Ageement ("Premises"), for the purpose of installing and utilizing a series of ground water <br />monitoring, and extraction wells and related ground water remediation facilities, equipment and <br />appurtenances for the purposes of treating and monitoring the Bound water in the azea. <br />C. Pursuant to Compliance Orders on Consent with the Colorado Departrnent of <br />Public Health and Environment ("CDPHE")and Licensee's Onsite Corrective Measures Work Plan <br />submitted to and approved by the CDPHE, Licensee has been pumping and treating ground water <br />contaminated with PCE from its manufacturing plant facility located at 3899 Hancock Expressway, <br />Colorado Springs, CO. Licensee has also been operating a down gadient line of interception wells, <br />a treatment facility and injection wells neaz Bradley Road (the "Bradley Road System's for pumping <br />and treating PCE contaminated Bound water and then reinjecting treated water to the aquifer. In <br />approximately 1997, after consultation with and verbal authorization by Licensor, Licensee <br />constructed an underground pipeline across the Premises from the extraction wells on the Premises <br />to the Bradley Road System to transport PCE contaminated ground water for treatment and <br />reinjection ("Offsite Pipeline"). !n 2001, after consultation with and verbal authorization by <br />Licensor, Licensee constructed an underground pipeline from its manufacturing plant facility to the <br />Bradley Road System to transport additional PCE contaminated ground water for treatment and <br />reinjection ("Onsite CMWP Pipeline") (collectively "Pipelines"). <br />D. Licensee requested and obtained from Licensor authorization to place and operate <br />the Pipelines across Licensee's Premises under the terms of the Licensee Ageement. In <br />consideration therefore, Licensor and Licensee have agreed upon certain modifications to the License <br />Agreement. <br />NOW THEREFORE, in consideration of the above recitals, the mutual promises contained <br />herein, and other good and valuable consideration, the receipt and adequacy of which aze hereby <br />acknowledged, the parties agree as follows: <br />1. Pipelines. Under the terms of the License Agreement, and pursuant to two verbal <br />authorizations previously granted, the Licensee is hereby formally granted the license to place the <br />