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AGREEMENT <br />THIS AGREEMENT is made and entered into by and between the COUNTY OF <br />DELTA, STATE OF COLORADO, acting by and through its Board of County Commissioners <br />(hereafter referred to as the "County"), and Kenneth I. Gruber and Danielle N. Gruber, as <br />joint tenants, (ben:after refereed to as "Grubers"), <br />I. <br />RECITALS <br />1,1 Lands: The lands which are the subject of this Agreement are located in the North <br />one -half (N %) of the Southeast one-quarter (SE. ) of Section 20, and the South one-half (S y: <br />of the Northeast one granter (NE 'A) of Section 20, Township 14 South, Range 92 West of the b <br />P.M., Delta County, Colorado, and more particularly, a portion of those lands lying 1.3 miles, <br />more or less, northeasterly of the Town of How. PlD d 324320100051 <br />12 Gravel its: Upon the lands, there is a deposit of gravel and sand which the <br />County desires to excavate, crush, screen, wash, store, move and utilize for County road <br />per. <br />The County has inspected the nature, quality and estimated the quantity of the <br />sand and gravel deposit. No representation as to these matters has been made by Grubers. <br />1.3 Conside The consideration for this Agreement are the benefits which the <br />parties shall derive from the performance of its covenants. <br />II. <br />AGREEMENT <br />2.1 : Grubers give and grant to the County the exclusive right to mine, excavate <br />and quarry the sand and pit-run rock (gravel) from the deposit on the lands, as more particularly <br />shown on the plat (the boundaries highlighted in yellow) labeled `Exhibit A," attached hereto <br />and by reference made a part hereof. <br />2.2 Term: The term of this Agreement shall commence Jaanary 2, 20I2, and continue <br />for three years, and for so long thereafter as may be mutually agreeable to the parties, or until <br />terminated, according to paragraph 2.7. <br />2.3 J.1191W As royalty for the gravel so excavated, the County agrees to pay <br />Grubers the total sum of Ten Thousand ($10, 00000) Dollars, upon the execution of this <br />agreement. <br />2.4 Water. Without additional charge to the County, Grubers agree to permit the <br />County to utilize the water from the Lands described above, or from other locations if usage by <br />