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.12-49-2004 05:26pm From-ALSTON AND BIRD 4046617777 T-T29 P-002/006 F-643 <br />CARRIAGE AGR E]ENNNT <br />THIS AGREEMENT, made and, entered into effective as of the 13th day of Septeraber, <br />2004, is by and between the M,Canne Ditch and Reservoir Company, hereinafter referred to as <br />"Grantor" and the Ready Mixed Concrete Company, a Colorado corporation, hereinafter referred to <br />as "Grantee." <br />WITNESSETH: <br />WHEREAS, Grantor holds legal title to, manages axed operates the McCanne Ditch; <br />WHEREAS, Grantee desires to divert waters and water rights, appropriated, unappropriated, <br />owned or leased through the IvlcCamc Ditch for subsequent release, storage, recharge and <br />augmentation purposes; <br />WHF-REAS, there is capacity in the McCanne Ditch to carry "Foreign Water" over and <br />beyond that diverted by the Grantor's shareholders under the water rights decreed to the McCanne <br />Ditch; and <br />WHEREAS, Grantee has entered into a "Memorandum of Understanding," dated March 16, <br />1999, with the City of Hzighton ("Bri ton")(the "HOLY} to allow Brighton to use the McCann <br />Ditch to convey water to the City of Brighton's Kenneth Mitchell bakes (formerly known as <br />Bromley Takes) located in Section 13, Township 1 South, Range 67 West of the a P.M. in Adams <br />County, Colorado and Grantee has also entered into a. Tri-Party Agreement, dated December 23, <br />- 2003, between Sprat-Platte Ranch Co., the Grantee and Brighton (the "Tri-Party ,.greem ent') in the <br />same regard and the essential purpose of this Carriage Agreement is to allow the Grantee to comply <br />with those agreements now that the Grantor and Grantee are not affiliated companies. <br />NOW, THEREFORE, for and in consideration of the premises and the mutual promises and <br />covenants of the parties hereto, IT IS AGREED AS FOLLOWS: <br />1. Use of Carrialze Capacity. Grantor agrees that Grantee may use the 1vMcCanne Ditch to divert, <br />convey, carry and transport such waters and water rights as provided in the MOLT and Tri- <br />Party Agreement, whether appropriated, unappropriated, owned or leased in excess of any <br />water currently decreed to the McCann Ditch (the "Forei?n_Wafier"). <br />2. Structures. Any headgates, check structures or measuring structures on the banks of the <br />McCanue Ditch as are necessary to accomplish the purposes of this Agreement shall be <br />installed by Grantor after good faith negotiations between Grantor and Brighton have <br />determined the need for the structures and Brighton's responsibility for paying for the same. . <br />To the extent necessary to install such structures, Grantee shall provide, and shall cause <br />its affiliates to provide, Grantor, its employees and contractors with all rights of ingress <br />and egress to the McCanne Ditch for the purposes described above. <br />3. Ownership and Responsibility far Structures. Any device or structure so installed in <br />the McCanne Ditch by Grantor shall remain the property of Grantor. Grantor shall be <br />responsible for the maintenance and repair of any device or structure. <br />AJF24 ] Ov4 EXHIBIT <br />n