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ATTACHMENT C <br /> LEASE AGREEMENT <br /> THIS LEASE AGREEMENT is entered into this 22 'day of June 2010, by and between <br /> Rick L. Hunt (hereinafter "Lessee'), and the Town of Elizabeth, a Colorado Municipal <br /> Corporation. <br /> WHEREAS,the Town of Elizabeth operates the Gold Creek Wastewater Treatment Plant <br /> in the County of Elbert, State of Colorado, which process effluent and discharge water as a <br /> product of such treatment, discharging to Gold Creek, a portion of which water the Town of <br /> Elizabeth desires to lease to Lessee according to the terms and conditions stated herein,and, <br /> WHEREAS, Lessee desires to lease from the Town of Elizabeth for a period of one (1) <br /> year, with annual renewals as provided below, water discharged from the Elizabeth waste water <br /> treatment plant. <br /> NOW THEREFORE, in consideration of the promises and covenants contained herein, <br /> the parties agree as follows: <br /> The Town of Elizabeth leases to Lessee twenty (20) acre-feet annually of nontributary <br /> effluent attributable to the water right more particularly described in"Exhibit A", attached hereto <br /> and incorporated by this reference, for a period of one(1)calendar year starting on the 1st day of. <br /> January,2010,and terminating on the 31st day of December,2010, subject to annual renewals as <br /> provided below. <br /> The lease price payable by Lessee to the Town of Elizabeth shall be $125 for each <br /> metered acre-foot of water discharged from the Town of Elizabeth's waste water treatment plant <br /> for Lessee's use under this lease agreement. The$125 price shall be adjusted each January I"by <br /> the percentage change in the Consumer Price Index for the Boulder-Denver Metropolitan Area <br /> for the preceding calendar year. <br /> Lessee shall be billed annually for water delivered under this lease and payments shall be <br /> made by Lessee to the Town of Elizabeth within 15 days of the date of statement. Any payment <br /> not made by the due date shall bear interest at the rate of 1.5%per month until paid. <br /> Lessee shall use the water delivered to Lessee under this agreement for lawful purposes <br /> only under the laws of the State of Colorado. The uses contemplated by Lessee are for <br /> augmentation and substitute supply. <br /> Lessee shall obtain and pay for any decrees or orders of Court or permits or approvals <br /> required for Lessee to apply the water leased hereunder to use under any plan of augmentation or <br /> plan for substitute water supply. Lessee shall also pay the cost of providing any new meter <br /> which may be required be placed to measure the leased water outflowing from the Elizabeth <br /> waste water treatment plant. <br /> The leased water from the Town of Elizabeth's waste water treatment plant is accepted <br /> by Lessee without warranty by the Town of Elizabeth that the quality of said water is fit for any <br /> intended purpose whatsoever. The Town of Elizabeth makes no warranty, either expressed or <br /> 1 <br />