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<br />4. Boyd and- Freeman Aut3l#lentation Station. Greeley agrees to use best <br />efforts to design, obtain Division of Water Resources approval for, and construct the :- <br />Boyd and Freeman Augmentation Station at its expense for use to deliver AugRnentatiod: i <br />Water commencing in April 2009. The Boyd and Freeman Augmentatiorl.Sfation shaifZ: <br />be owned. by Greeley, is preliminarily prpposed to be located on Greeley property nortiz£ <br />Of the Rover Run dog park, .and shall be designed and constructed to deliver water at a:` r <br />flow rate equal io or greater than Lafarge's pro rata share of the total rate of flow <br />currently decreed to the Boyd and Freeman Ditch and available under the Boyd and <br />Freeman Ditch Water Rights. Lafarge agrees to cooperate with Greeley In obtaining h <br />approvals for the Boyd and Freeman Augmentation Station. <br />5. Negggation for Grav Pit Storage Facilities, Tho parties agree to pay;- <br />one-half each of the costs of a study to be performed by Lyman Henn or another <br />mutually acceptable consultant to evaluate the feasibility cost of constructing ! <br />operating lined maters and <br />forage facilities and. associated strachtt+cs $om gravel el pits pits located <br />d <br />or to be located on Lafarge's 35th Avenue Pit site, or on other nearby sited in which iw. <br />. <br />Lafarge has obtained or may in the fi ture obtain a gravel mining lease, including witho6t <br />limitation Greeley's F Street Reservoir site. The precise scope of work of this study <br />be agreed upon by the parties in advance. The parties estimate that such study will take,; <br />approximately four months to complete. Following the completion of such study, the <br />parties will discuss the study and a possible second transaction involving Greeley's <br />acquisition of such facilities or the right to construct and operate them in exchange for <br />Gt eeley'a 10w tc= lease of additional Augmentation Water to Lafarge ar other j ; ' <br />consideration. Gros ioy alaali havo tits o xclusivo right to-negotialo with l der-ge <br />ooneerning such, acquisition' for 12 months following the parties' receipt of such study, <br />6. i;e Junior Water atora¢e. Lafarge agrees to use best efforts`' <br />(as further-limited herein) to obtain a decree in the application for junior oonditionai ' <br />wader storage rights for 35th Avenue Reservoir currently pending in cue 1`10.98CW41 <br />Water Division No. 1, with decreed uses that include a) the replace mert of evapomtive.1t <br />losses from all sand and gravel mining sites currently owned by Lafarge, from other sand <br />and gravel mining sites located or to be located between the headgates of Greeley Canal] <br />No. 3 and the Ogilvy Canal in which Lafarge may have or assume any responsibility for; ' <br />replacement of such losses, or from the F Street Reservoir, 8th Street Reservoir, and <br />Flatiron/Greeley West Pit sites, and b) the replacement of return flow obligations decreed <br />or to be decreed as conditions of the approval of any change of water right that makes <br />such right legally available for the replacement of any such losses, including changed <br />water rights originally decreed to Greeley Canal No. 3 and associated with shares of ;l . <br />stock in the Greeley Irrigation Company. Greeley agrees not to oppose the entry of a "F <br />decree in such application that contains these terms, and to discuss with Lafarge possible <br />strategies to obtain such a decree. If Lafarge obtains such a decree and the parties <br />successfully negotiate a subsequent transaction involving Greeley's, acquisition of the • •a - <br />tight to water storage facilities described in the preceding paragraph, Lafarge and arreel is. agrees to negotiate in good faith, as part of such transaction, Greeley's acquisition of <br /> a `!-" <br />Pro rata interest in the decreed junior conditional rights upon payment by Greeley of such <br />4 <br />i <br />f <br />1 <br /> <br /> <br /> <br />