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<br /> <br />property described on the attached Exhibit B, to locate any well or wells, <br />to develop the reserved and excepted water rights, and to have access to <br />the location as set forth in Exhibit B for purposes of developing and <br />maintaining said well or wells; <br />b. In the event Aggregate drills one or more wells to extract the deep bedrock <br />groundwater underlying the Property, then Aggregate shall operate such <br />wellfield so as not to interfere with the operations of Thornton or the <br />Reservoir. <br />c. In addition to the Property, Aggregate shall convey to Thornton at Closing: <br />By Quit Claim Deed, any access easement or rights Aggregate may <br />have to the Property from Fish Hatchery Road; and, <br />ii. At Thomton's request, Aggregate shall either convey to Thomton by <br />assignment or other appropriate document all of Aggregate's right, <br />title and interest in and to conditional water storage rights in Case <br />No. 93CW023, pending in Water Division No. 1, State of Colorado, <br />or Aggregate shall dismiss such action. <br />6. Purchase Price. The Purchase Price for the Property shall be Six Million Two <br />Hundred Forty-One Thousand Five Hundred Ffty Dollars ($6,241,500.00), which amount was <br />determined by multiplying two thousand one hundred ninety (2,190) acre feet of water storage <br />capacity by Two Thousand Eight Hundred Ffty Dollars ($2,850.00) and is to be paid at Closing in <br />immediately available funds pursuant to the terms of this Agreement. This storage capacity is <br />calculated by using a maximum water storage elevation of 5,064.5 feet referenced to the NAD-83- <br />92 Modified Colorado Central State Plane Coordinate System. At the Dosing, Thomton shall <br />receive a credit againstthe Purchase Price in the amount of One Million Nine Hundred Twenty-Eight <br />Thousand Six Hundred Dollars ($1,928,600.00) for the sums deposited Into the registry of the <br />Court In the Condemnation Action. If Aggregate is successful 1n obtaining a determination pursuant <br />to the provisions of Paragraph 8g of this Agreement that increases Usable Water Storage Capacity <br />above that paid for at Closing, Thornton shall make a supplemental Purchase Price payment to <br />Aggregate fn an amount equal to Two Thousand Eight Hundred Fifty Dollars ($2,850.00) for each <br />such additional acre foot of additional Usable Water Storage Capacity. Said supplemental Purchase <br />Price payment will be made consistently with the provisions of Paragraph 8g of th1s Agreement. <br />If Aggregate is not successful In obtaining a determination pursuant to the provisions of Paragraph <br />8g of this Agreement, the parties shall recalculate the Purchase Price using the provisions of <br />Paragraph 8e, and the definitions of Usable Water Storage Capacity and Normal Maximum Water <br />Surface. Should this recalculation result in a Purchase Price which is less than Six Million Two <br />Hundred Forty-One Thousand Five Hundred Ffty Dollars ($6,241,500.00), Aggregate shall refund <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 4 of 22 <br />