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<br />"Dead storage" shall mean the volume of storage that by reason of its location within the <br />Reservoir will not drain by gravity to the lowest point of the Reservoir. <br />"Normal Maximum Water Surface" shall mean the elevation above sea level which Is two <br />(2) feet below the lowest point of the crest of the Reservoir, except as otherwise provided <br />in Paragraph 7g of this Agreement. <br />"Passive Storage" shall mean water which has been absorbed into the walls of the Reservoir <br />structure. <br />"Permits" shall mean the mining, reclamation and special use permits pertaining to <br />reclamation of the Property, including but not limited to Mined Land Reclamation Board <br />Permit No. M94-93, Commerce City Annexation No. Z-579-93 and Commerce City Use <br />Permit No. A-1228-95-96. <br />"Property" shall mean the approximately one hundred sixty-one (161) acres located in the <br />County of Adams, State of Colorado, as described on Exhibit A attached to this Agreement. <br />The legal description of the Property will be verified by a ground survey subsequent to <br />Closing and a Correction Deed executed and recorded if necessary. <br />"Purchase Price" shall mean the amount set forth in Paragraph 6 of this Agreement. <br />"Reservoir" shall mean a facility for storing water which has been approved by the SEO. <br />"SEO" shall mean the Colo2do Departrnent Of Natural Resources, Water Resources <br />Division, State Engineer's Office. <br />"Title Defect" shall mean any lien, encumbrance, defect in or objection to title other than <br />those set forth in Paragraph 15 of this Agreement. <br />"Usable Water Storage Capacity" shall mean the capacity of the Reservoir available for <br />water storage as measured between the top of the dead storage pool, if any, and the <br />Normal Maximum Water Surface, but does not Include Passive Storage. <br />Settlement Of Condemnation <br />1. Settlement. Subject to the terms and conditions herein, Thomton and Aggregate <br />agree to settle the Condemnation Action. Thomton and Aggregate shall execute and file with the <br />District Court, on or before ten (10) days subsequent to the execution and delivery of this <br />Agreement, a Notice Of Settlement. This Notice will Inform the Court of the executon of this <br />Agreement, but will also note that several contingencies must be satisfied before the Closing can <br />North Dahlia <br />Purchase Agreement <br />December il, 2000 <br />Page 2 of 22 <br />