13-61 WAS - Grant Request - Laserfiche WebLink

Home Browse Search

of this Agreement shall be due contemporaneously with the execution of this Agreement, and payment for all subsequent years shall be due no later than November V for water deliverable the following year. Except for suspended delivery obligations as described in paragraph 1.2.1 above, such annual payments shall be nonrefundable and not contingent upon whether the Windy dap Water is actually diverted or used by Central, so long as Longmont either delivers or was ready to deliver the Windy dap Water. Beginning in the sixth year of the tern of this Agreement, and for the remainder of the term of this Agreement, the Initial Rate shall be subject to increases (the "Adjusted Windy Gap Rate ") based on the average of the immediately preceding five years of actual Windy Cap delivery costs as charged to Longmont by the Municipal Subdistrict of the Northern Colorado Water Conservancy District. 5. Term. The, term of this Agreement shall be !torn the date first set forth above through October 31, 2020, unless terminated earlier in accordance with the provisions of this Agreement. If Central desires to renew this Agreement for an additional period not to exceed ten (10) years, then it shall provide written notice of such intent to renew to Longmont on or before July 31, 2020, together with any proposed change in the amount and schedule of delivery for the Subject Water during the renewal torn. Upon receipt of such written notice of intent to renew, the Executive Director of the Public Works and Water Natural Resources Department on behalf of Longmont, in his sole discretion, may accept or reject such renewal. If Longmont accepts the renewal, then all terms and conditions of this Agreement shall remain applicable, except as to any modified delivery schedule for the Subject Water. ti. Curtailmen . Central acknowledges that the availability of the Subject Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply from year to year, and which can be affected by causes beyond Longmont's control, Accordingly, deliveries purslowit to this Agreement may be curtailed by Longmont during; 1) times of drought, 2) force majeure events, or 3) if otherwise required by Longmont's Water Supply and Drought Management Plan ( "Drought Plan !% as it may be amended from time to time. Central acknowledges that this Agreement is subject to all provisions of the Drought Plan. In the event of curtailment or reduction of deliveries caused by such events, Longmont shall refund to Central the advanced payment received for any amount of the Subject Water that is not delivered. Longmont shall use best efforts to inform Central of any event which it reasonably foresees may cause an interruption in deliveries pursuant to time events 1 -3, above. Longmont shall notify Central, in writing, of any curtailment of deliveries under this Agreement and shall include in such notice the reasons for curtailment, the extent of the curtailment, and a reasonable estimate of the length of such curtailment. 7. Untreated water. The water delivered to Central under this Agreement is untreated or non - potable water of whatever quality that is now or in the future available from the sources specified herein. Delivery of non - potable water under this Agreement will be on an "as W' basis only, and Longmont does not warrant the quality of the Subject Water or the suitability of the Subject Water for any particular purpose. Central shall not make any claim against Longmont arising from the quality of water delivered, and Longmont shall have no treatment responsibility for the Subject Water made available under this Agreement, Page 5 of 12