2018-07-13_HYDROLOGY - M1977344 - Laserfiche WebLink

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FIRST AMENDMENT TO WATER LEASE AGREENIE tiT This FIRST AMENDMENT TO WATER LEASE AGREEMENT (`:First Amendm-111') is made and entered into effective as of the"d dry rjf E.ffertive I)=te" ), by and bets een the Board of Water t'.'o;K-< of Puc lo, Colorado ("Pueblo a!&) and Holcim {'US) Inc. (".Lessee° 1; RECITALS WHEREAS, Pueblo Water and Lessee entered into an Water Lease :agreement for the lease of 175 acre-feet of raw water each Contract Year on December 19, 2014 ('`Agreement"). WHEREAS, Lessee desires to add two years to the team of the Agreement. WHEREAS, Pueblo Water is trilling to extend the term of the ;'agreement by two years subject to tiie terms of this First Amendment and the Agreeonent. WHEREAS, Pueblo Water and Lessee desire to amend the Agreement in order to extend the term of the Agreement by two years. NOW, THEREFORE, for and in consideration, of the mutual promises herein contained and the payments to be made hereunder, the parties hereto agree as follows: Paragraph 2 of the Agreement is hereby amended and restated as follows: 2. Term of Agreement. This Agreement will be in force for a period of 4 years commencing January 1, 2015 and terminating December 31, 2018. Lessee has the option to extend the term ofthe Agreement one additional year to December 31, 2019. Lessee must notify Pueblo Water in writing by July I, 2018 if the Lessee wishes to extend the term for an additional year. 2. Lessee will pay to Pueblo Water upon execution of this First Amendment a non- refundable fee of S500 in consideration of legal and administrative costs incurred by Pueblo Water for this First Amendment, 3. All other terms and conditions of the Agreement shall continue in full force and effect, except as necessary to give full effect to this First Amendment. IN WITNESS WHEREOF, Pueblo Water and Lessee have caused these presents to be executed in their respective behalf by their proper officers. Rage 1 of 2