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IVfI~IVIORAIVDUM OF UNDEIi5TANI3Il`IG <br />This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this day of <br />~~ ~ 2007 and describes the agreement for providing relocation and storage of soil materials <br />between the COUNTY OF GRAND, STATE OF COLORADO ("County"),apolitical subdivision of <br />the State of Colorado, by and through its Board of County Commissioners, and CONFLUENCE <br />ENERGY, LLC, ("Confluence") a Colorado limited liability corporation,. <br />R~CXTALS: <br />WHEREAS, since the excavation of the Wolford Mt. Reservoir, the Board of County <br />Commissioners have stared silt and other soil materials removed from the Reservoir site on a <br />piece of land previously owned by Paul Ohri (Ohri} adjacent to the County's Kremmling Airport <br />gravel pit, located in the Town of Kremmling, Colorado ("subject property"); and <br />WHEREAS, Confluence has recently purchased the subject property from Ohri, <br />intending to operate a wood gellet plant on the site; and <br />WHEREAS, in order to facilitate the continued storage of and access to County's sail <br />stores for County project, County desires to enter into an agreement with Confluence; and <br />WHEREAS, County is willing to donate some of its soil stares on the subject property to <br />Confluence to assist Confluence in preparing its site far the proposed pellet plant operation. <br />NOW THEREFORE IT IS AGREED between the parties as follows: <br />Confluence shall act as an independent contractor in the consolidation, and storage of <br />approximately four thousand five hundred cubic yards (4,500 yd3) of silt and top sail <br />material owned by County currently stored on land Confluence has recently acquu~ed <br />adjacent to the Kremmling Airport. Said materials aze to be initially relocated and <br />consolidated by County on the east side of the subject property, where Confluence is to <br />construct a berm and continue the silt storage without contamination of any sort, other <br />than non-noxious vegetation. <br />2~ In consideration for Confluence's services, County will aIlow Confluence to use up to <br />one thousand one hundred cubic yards (1,100 yd~) of County's sail stores an the subject <br />property for comsttuction of a permanent berm on the property, provided Confluence <br />maintains tl}e berm apd remaining silt stores in an orderly manner, <br />3. County shall retain ownership of all portions of the subject soil stares not disposed of as <br />provided in paragraph 2. County may use such materials at any time upon sixty (50) days <br />notice to Confluence. Such notice may be written, verbal, ar electronic. <br />Notices contemplated or re~}rired herein are to be sent to the following persons: <br />