2017-03-02_HYDROLOGY - M1992069

• Permit No: M1992069
• IBM Index Class Name: Hydrology
• Doc Date: 3/2/2017
• Doc Name: Substitute Water Supply Plan
• From: DWR
• To: Applegate Group, Inc./ Aggregate Industries
• Email Name: JLE
• Media Type: D
• Archive: No

8. All notices required to be given or made under the Water Lease shall be in writing and
sent by United States mail or hand delivery to the following addresses;
To Westminster: City of Westminster
Director of Public Works and Utilities
4800 West 92nd Avenue
Westminster, Colorado 80031
Facsimile: [phone]
To AI: Senior Vice President
Aggregate Industries - WCR, Inc,
1707 Cole Boulevard, Suite 100
Golden, Colorado 80401
Facsimile: [phone]
All notices will be deemed effective one (1) day after hand delivery, or if mailed, upon
receipt. Either party, by written notice, may change the address to which future notices, billings, or
payments shall be sent.
9. Findings of Westminster City Council. This lease of Consumable Water is made
pursuant to the following findings hereby entered by the Westminster City Council: In the judgment
of City Council, the terms of this Water Lease Agreement, including the payments received from the
lease, will result in improvement of the capacity, efficiency, or service of Westminster's utility
system, and Westminster enters into this Water Lease Agreement and will effect the lease of
Consumable Water from Westminster's utility system and use the payment there from to facilitate
improvements of Westminster's utility system,
10. In accordance with the requirements of Section 14.3 (a) of the Westminster City
Charter, Westminster's obligations to deliver water under this Water Lease Agreement may be
curtailed under the following circumstances. If, in Westminster's sole discretion, Westminster
adopts mandatory citywide water use restrictions as a result of drought conditions, dam failure, or
other catastrophic circumstance limiting Westminster's ability to satisfy the indoor water supply
needs of its citizens, Westminster may curtail daily deliveries to Al under this lease by an amount
consistent with said mandatory citywide water use restrictions. Once any such mandatory citywide
water use restrictions expire or are otheRvise lifted, Westminster shall iirunediately thereafter resume
Rill daily deliveries under this Water Lease Agreement.
11. If, for any reason Westminster is temporarily unable to satisfy its obligations for
delivery of water to Al under this Water Lease Agreement for any period of time, the parties agree
that any damages resulting to Al therefrom shall be limited to a pro rata refund of the total lease
payment. Westminster shall not be liable for any consequential, exemplary or punitive damages for
failure to deliver water pursuant to this Water Lease Agreement. Other than a pro rata refund of the
total lease payment, no other damages may be asserted or paid by Westminster to Al as a result of the
inability to delivery water. Al expressly waives any and all other claims of damages.