Laserfiche WebLink
�' 09/01/2006 FRI 11:30 FA% 7192545150 LAVWCD Fax � 007/009 <br />adapt to sucd� eme,rgency conditions or shortage, including redudions in watex deliveries under <br />this Leas.e. Lessee agrees that the Board is not liable in tort or contract uader this Lease on the <br />ac�ount of the necessity for adopting and implem�ting such policies to meet emergen�Y <br />conditions or shortage. . <br />13. Prior A�aree�n�t Prioritv of Ctutailmenk The Board has entered into an agreesnent with Puebio <br />Subu�an Development, L.L.C., dated May 14, 2003, as amended on February 21, 2406� ia <br />wluch the Board agrees to supply up to 3,000 acre feet per annum of water to Pueblo Suburban <br />Developm�t, L. G.C., for a tecm cotnmencing tw�ty-five (25) yeazs beginning JanuatY 1� 2004. <br />Pueblo Su�uc�an Development, L.L.C., has an option to extend that agrean�t for one time for <br />an additioasl fifteea (1 S) years. That ag��eement wntains paragrapl►s 14,15 and 16, which <br />pazagraphs are very similar to paragraphs 10, I 1,12 of tbis ag�ree�nent concc�ninS tt!e rig�t of <br />the Board under certain circunnstances to cwtail water deliveries to extraterriiorial a�stomers of <br />the Board. The agreeme,nt between the Board and Pueblo Suburban Developme�, L•L.C., alsa <br />contains the following provision: <br />"The Board and Pueblo Suburban acknbwledge that the Board may enter into fi�ture <br />agreeanents with eactratec�itorial customers for the delivery of untreated water bY the Board. <br />The Boaid agre�s that during the tezm of tbis agee�ent or any extension thereof that should <br />the Soard exercise its ri�ts uuder paragcapl�s 14,15 and 16 of this agrreement to c�l <br />water delive.ries to extratemtorial customers of the Board that the Board wi11 c�ail �e <br />extrate.rritorial raw wates supplies under agreements that it may enter into with customers <br />after the date of this agxcement before curtaiting water supplies to Pueblo Suburban." <br />The Lessee aclrnowledges and acx�pts this limitation on the wate,r to be pmvided under th�s <br />Lease. <br />14. Refund for Reducad Deliveries. In the event that the Board is unable to malce the deliv�ries of <br />water to Lessee, as a result of canditions identified in parag�aPhs 9 through I3, thein Lessee's <br />payment for water shall be reduc,ed or refuaded in proportion to any rcduction of deliveries by <br />the Board <br />15. Limitations Concer�ne Subseauent Extra Territorial Water G�stomers. The Board sha11 not <br />use the provisions of Paragraphs 10 through 12 to curtail extra-temtonal water supplies to <br />Lessee in orda to lease water to new extra-territorial water customers of the Board at higher <br />water charges. <br />16. Not a Permsnent Suanlv. The parties undetstand and agcee that this Lease is not to be <br />intezpreted as any commitment on the part of Ehe Board io fiunish watez' to Lessee on a <br />pez�nanent basis, but rather is to assist the Lessee in supplementing L,essee's °wn v�'�t�' �PPli� <br />by water leased from the Board for a temporarY l�eriod. <br />Page 3 of 5 <br />