Laserfiche WebLink
proposed delivery schedule shall include monthly totals in terms of acre feet per month <br />Although the City shall make reasonable attempts to deliver the water sold hereunder at times <br />and rates specified in the proposed schedule the City does not warrant delivery of the water sold <br />hereunder at times and rates sufficient for South Forty s Augmentation Plan Decreases if any <br />in South Forty s need for replacement water must be reported to the City in writing at least one <br />month prior to the effective date of any decrease <br />11 Interruption of Water Supply Beyond City s Control Both parties to this <br />Agreement recognize that the City s physical supply for the Augmentation Water is variable in <br />quantity for reasons beyond the control of the City The City shall not be liable in tort or <br />contract for any failure to supply water due to circumstances beyond the reasonable control of <br />the City including but not limited to an act of God strike war insurrection or inability to serve <br />arising out of the order of any court or the lawful order of any governmental administrative body <br />or agency clothed with authority to regulate matters pertaining to water public utilities public <br />health or pollution control <br />12 Emergency Water Limitations The parties agree that from time to time <br />emergency situations may require the City to limit the use of water sold by the City The parties <br />agree that the necessity for such limitation is a fact to be determined by the City in the exercise <br />of its reasonable discretion applied universally to the City s water users outside of City limits as <br />circumstances and conditions may require The parties agree that the City may adopt such <br />reasonable restrictions on the sale and use of water sold by it or establish priorities for curtailed <br />use as may be necessary to adapt to such emergency conditions including limitations on water <br />made available to South Forty under this Agreement The City shall not be liable in tort or <br />contract for imposing such reasonable restrictions In the event that the City is unable to deliver <br />water as specified in this Agreement including any interruption or suspension of water deliveries <br />under paragraphs 11 and 12 then the City shall provide South Forty with reasonable advance <br />notice of such interruption in deliveries and South Forty s payment for water shall be reduced or <br />refunded in proportion to the amount of any reduction of deliveries elected by the City in <br />connection with its response to emergency circumstances In addition Lessee shall have the <br />option to terminate this Agreement as to the replacement water not provided if the interruption is <br />greater than 60 days as Lessee will to the extent of such interruption or suspension likely have to <br />seek an alternative supply of replacement water from another party <br />13 Riot to Object The parties understand and agree that the City specifically <br />reserves its right to object and may object to any Augmentation Plan filed by South Forty to <br />protect its interests in the water and this Agreement and to ensure compliance with applicable <br />law including the prevention of injury to other vested or conditional water rights regardless of <br />how South Forty uses the water Provided however the City will reasonable cooperate with <br />South Forty in the Augmentation Plan for the use of the Augmentation Water from the City for <br />the replacement of the evaporative depletions from the Valco Ponds <br />14 Contingency South Forty intends in 2017 to file an application with the Water <br />Court for a plan for augmentation using the Augmentation Water for the replacement of <br />evaporative depletions from the two gravel pits that are located upon the Valco Pond Property <br />This Lease is conditional upon South Forty purchasing the Valco Pond Property from Valco Inc <br />and prosecuting and obtaining in its discretion the desired Augmentation Plan through the