|
LEASE AGREEMENT
<br />TATS LEASE AGREEMENT (hereinafter "Lasso) is anWred into tbiQ !�! day
<br />of Ap,r. 2010, by and between the City and County of Broomfield, a Colorado
<br />Municipal Corporation and County (hereinafter "Broomfield-) and Pioneer Sand Company, JM.,
<br />a Colorado corporation (hereinafter `Tioneees . Broomfield and Pioneer agree as follows:
<br />1- Leased Water. Broomfield hereby agrees to lease to Pioneer the water rights described
<br />as follows: 16.96 are -feet, plus 3.74 acre feet to cover transit losses, for a total of 20.70 acre-feet
<br />of Broomfield's Windy Gap eluent (the "Leased Water") to be delivered and measured at the
<br />Broomfield Wastewater Reclamation Facility on Big Dry Creek, at or near a point described as
<br />follows: commencing at the center of Section 32, Tovwnship 1 South, Range 68 West of the &
<br />Principal Meridian, whence the East ona-quarter section comer of said Section 32 bears South
<br />89046132" Basta distance of2,646.68 feet, said lineformingtha basis o#beatings fortbis description,
<br />thence South 69009'23" Bast, a distance of I,006.42 feet to the Broomfield Discharge Diversion
<br />Point, whence said East one-quarter corner beats North M8'47" Bast, a distance of 1,741.17 fest,
<br />in the City and County ofBroomf ald, Colorado. The OPS location has been determined by a CIPS
<br />handheld device to be: Basting: 498202, Northing. 4418700, Lat., 39 deg 55 min 13 sec, Long:105
<br />deg 01 min 16 seo. Pioneer agrees that the Leased Water is suitable, both legally and physically, for
<br />Pipueer's intended use, Pioneer shall bear any and all stream and/or carriage losses incuzied anchor
<br />assessed below the point of delivery described in this paragraph.
<br />2. Tom. This Lease shall be for a term of one (1) year commancing on September 1, 2010
<br />and termWating on August 31, 2011 (the ` remYl. The Lease may be A mbar Qctendcd for up to
<br />20.70 a.£ ofLeased Water per year for further successive one (1) year periods upon mutual written
<br />agreement of the Parties executed at least 12 months prior to the last day of the Tern.
<br />3. Lease Price. Pioneer will pay to Broomfield $300.00 per acre-foot, for a total of
<br />$6,210.00, plus the percentage change between August 1, 2007 and July 1, 2010, in the Consumer
<br />Price Index for Deaver -Boulder -Greeley, Colorado - All Urban Consumers, for the Leased Water
<br />delivered under this Lease. The Lease Price shall be $300.00 per acre foot, increased by the
<br />percentage change between August 1, 2007 and the July 1 prior to September 1 of each successive
<br />one year extension of the Term under paragraph 2, above, in the Consumer Price Index for Denver-
<br />Boulder-Greeley,
<br />enve rBoulder-Glreeley, Colorado- All Urban Consumers. Pioneer shall paythe Ousted Lene Price for
<br />the Leased Water to Broomfield on orbefereAugust 1 for each successive one year extension of tate
<br />Term tinder paragraph 2, above.
<br />4. Delivery Schedules On or before July 1, 2010, Pioneer shall provide to Broomfield an
<br />estimated monthlyschedulefor deliveryofthe. Leased Watarduring theTerm. Pioneershallprovide
<br />an estimated monthly delivery schedule for the Leased Water to Broomfield on or before July 1 for
<br />Page l of 3
<br />
|