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1 . <br />APPENDIX C <br />AGREEMENT TO LEASE AUGMENTATION WATER <br />THIS AGREEMENT TO LEAS AUGMENTATION WATER is entered <br />into as of the 2 day of ?F-C 9:_:? r`"Q E'P'- 1996, <br />between Centennial Water and Sanitation District ("Centennial"), a <br />quasi-municipal corporation organized under the laws of Colorado, <br />Lessor,' whose address is 62 W. Plaza Drive, Highlands Ranch, <br />Colorado 80126, and the Cooley Gravel. Company ("Cooley"), a <br />corporation duly organized and existing under and by virtue o£.the <br />laws of the State of Indiana, Lessee, whose address is P. 0. Box <br />5485 T.A., Denver, Colorado . 80217, 3609 S. Wadsworth Boulevard, <br />Suite 300, Lakewood, Colorado 80235. <br />RECITALS <br />WHEREAS, Cooley and Centennial entered into an Agreement <br />to Convey WaGe.K Rights in Exchange for Lease of Augmentation Water <br />dated 2 v c E r`? t3E 2 14-? and <br />WHEREAS, pursuant to that agreement, Centennial agreed to <br />provide certain augmentation water to Cooley, subject to the terms, <br />of both that agreement and the lease agreement herein. <br />NOW, THEREFORE, in consideration of this. lease agreement <br />and the Agreement to Convey Water Rights"in Exchange for Lease of <br />Augmentation Water,' the parties agree as follows: <br />1. Upon completion of each'of the following, Centennial <br />shall deliver annually up to 30 acre-feet of perpetual augmentation <br />water to be used in connection with Cooley's gravel. mining <br />operations located near the South Platte River or Plum Creek: <br />execution of the special warranty deed conveying Cooley's 1.0546 <br />shares of Nevada Ditch Holding Company stock to Centennial; <br />assignment and delivery of Cooley's Nevada Ditch Stock Certificate <br />No. '_3 63 * to Centennial; and transfer of said stock to <br />Centennial's name on the books of Nevada Ditch Holding Company and <br />issuance of a new stock certificate- 'in Centennial's name, if <br />necessary. This lease agreement and Centennial's obligation to <br />deliver water hereunder shall be effective upon the date by which <br />Cooley completes the performance of each of the foregoing <br />obligations.. <br />2. Such water shall be delivered, at Centennial's sole <br />discretion, at any point on the South Platte River at or upstream <br />from the mouth of Little Dry Creek in Section 33, T4S, R6aW,. of the