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i iiiiii iiiii ~~i~~i~ ~~~~~ ~~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ <br />676390 04/26/~6 i1:~A 8864 P446 LSE~MT <br />3 of 32 R di.00 D 0.00 N 0.00 Lo~an Ceuntv CO <br />2.2 A sufficient number of Narth Sterling laadowners sl~all enter into <br />Subscription Ag~reements with the 'Water Company so that no less than 22,000 acres of land. <br />included within North Sterling shall be subject to such 5ubscription Agreements. <br />~.3 'i"~e Su~cription Agreements descn'bed above s~all be record~ wii~ t~e <br />Logan County Clerk and County Recflrder. <br />2.4 North Sterling and the Water Company shall enter into a Management <br />Agreement for the administrarion of tius Lease Agreement that is acceptable to PSCo. <br />2.5 A structiu+e sball be constructed at or below the headgate of the North <br />Sterlin~ Reservair Inlet Ditch to allow for the measurement and delivery to the South Platte <br />River of water divcrted at ar belaw the h~te of the Norf3~ Sterling Inlet Ditch for the use of <br />PSCo under this I.ease Agreemen~ The headga.te of the North Sterling Reservoir Inlet Ditch is <br />iocai~ed at a poiat wiience the corncr ~ommon to ~tians 2$, 29, 32, and 33, in '~ovvns~ip $ <br />North, Range 55 West of the 6th P.M. bears north 4077 feet, in Morgan County, Colorado. <br />Repa~ir~ to amdlor rep~ac,~m~t of this ~ a~s ~}u~recl vvi~ be the ~~'bility af t2~e ~at~` <br />Company, which shall pay ~ny and all costs of such repairs or replacement, <br />2.6 If the foregoing conditions have not been fully satisfied by December 31, <br />2006, then either Party may, at its sole discretion, elect to terminate this Lease Agreemen~ Any <br />such termina~ion shaII be in accordaflce wifih the natice provisions pravided herein. <br />3. ~'iie i~. 'Subj~t to fihe satisf~ction of t~e ~oregoing conditions, and p~uant <br />to the terms and conditions ,conta,ined below, the Water Company will. annually make available <br />fo~ lease and de~iv~ry to PSC,c~ 3,~ acr~-fe~t af ft~y c:o~Ie w~r fra~ t~ 1~Tar~t Ste~i~g <br />Reservoir Water Rights. Such water will be used by substitution, replacement, or exchange for <br />~st~tisi pt~pos~s s# fi~e ~aw~ee S~ation ~ Noven~bez ~ 11~tarch c3f eech ~r t~f #t~e <br />term of this Lease Agreemen~ <br />4. Delivenies. The Parties acknowledge and agree that, at various times, the water to <br />be delivered to PSCo by the Water Company will be available at the headgate of the North <br />Sterling Cana1 or o~er locations belaw the headgate of the North Sterlmg Canal, and that, at <br />various times, PSCo's ability to exchange water fram water delivery locations at ar below the <br />heacfgate of t~e Nort~ ~ter~iag ~af to the Paovnee 'G~ie[fs wif[ be ~imited. ~`he ~atties have <br />agreed to the following terms and conditions for the deiivery of water to PSCo: <br />4.1 Delivery Amouuts. The Water Company shall make available for d~elivery <br />to PSCo 3,000 acr~feet of f~lly consumable water annually in accordance wi~ the following <br />schedule: <br />January 600 July 0 <br />Febnlaty 600 August 0 <br />March 600 September Q <br />