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WATER LEASE <br />THIS WATER LEASE ( "Lease ") is made and entered into this c U_)day of <br />1- - ylin;i- 2011 between The Town of Windsor ( "Windsor"), and Bestway Concrete <br />Company ( "Bestway ") <br />WITNESSETH: <br />WHEREAS, Windsor is the owner of certain water and water rights that are <br />available for augmentation use, including, water available pursuant to Windsor's <br />ownership of shares in the Kern Reservoir and Ditch Company (hereinafter the "Water"); <br />and <br />WHEREAS, Bestway desires to lease Water from Windsor to use as a <br />replacement supply in its substitute supply plans for the following gravel pits: The <br />Firestien/Tigges Pits and the North La Poudre Pits and La Poudre Pits; and <br />WHEREAS, Windsor desires to lease the Water to Bestway and Bestway desires <br />to lease the Water from Windsor. <br />NOW, THEREFORE, in consideration of the premises and the mutual promises <br />and covenants of the parties hereto, the parties agree to the following terms and <br />conditions: <br />1. Subject to the terms of this Lease Windsor does hereby lease to Bestway the <br />Water in the total amount of approximately 54.58 acre feet, delivered on the <br />following monthly schedule: <br />Month Amounts <br />Jan -11 0.48 <br />Feb -11 0.0 <br />Mar -11 3.78 <br />Apr -11 5.38 <br />May -11 0.0 <br />Jun -11 0.0 <br />Jul -11 0.0 <br />Aug -11 0.0 <br />Sep -11 0.0 <br />Oct -11 20.63 <br />Nov -11 14.68 <br />Dec -11 9.63 <br />Total 54.58 <br />