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yv? { ?. <br />AGREEMENT <br />THIS AGREEMENT made this of May, 1990 between GARY <br />A. KLINE ("Landowner") and DUCKELS CONSTRUCTION, INC. <br />("Contractor"). <br />RECITALS <br />WHEREAS, Landowner is the owner of that certain real <br />property located in the County. of Routt, State of Colorado, and <br />more particularly described in Exhibit A attached hereto and <br />incorporated herein by this reference ('The Property"); <br /> <br />WHEREAS, the contractor is the Lessee/Operator of Yampa <br />Aggregates Co. a gravel pit operation located on land adjacent to <br />the Landowner's property; and <br />WHEREAS, the gravel pit operation has interfered with the <br />water supply to the Landowner's water well on the property; and <br />WHEREAS,-the parties hereto are desirous of settling <br />Landowner's claims against Contractor with regard to said reduced <br />water supply. _ <br />NOW, THEREFORE, in consideration of the premises and mutual <br />promises contained herein,- the parties agree as follows, <br />1. CONSTRUCTION OF WELL. The Contractor shall install and <br />complete, in a workmanlike manner, a new water well osi the <br />Landowner's property at a location to be determined by the <br />Landowner, according to the following specifications: <br />a. The depth of the water well shall exceed the depth of <br />the Contractors anticipated gravel pit excavation on the <br />adjoining property by at least six feet and shall have a minimum <br />depth of thirty feet. <br />b. Concrete casing shall be installed by the Contractor <br />with a .forty-eight inch minimum interior diameter. From a depth <br />of eighteen feet to the bottom of the well the casing shall be <br />perforated and from the depth of eighteen feet to the surface the <br />casing shall be non-perforated. The Contractor shall back-fill <br />around the concrete casing with washed or screened rock from the <br />bottom of the well to at least the eighteen feet depth level. <br />C. A concrete, pad 6' by 6' by 4" shall be constructed on <br />the surface around the well` casing with the top of the last <br />section of casing to be a minimum of 6" above the finished grade. <br />d. The area around the well shall be finish graded so that <br />the ground slopes away from the well for a minimum of eight feet <br />allowing surface water to drain away from the well, and the <br />Contractor shall return the other ground areas disturbed by <br />Contractor's activities to its original condition.