Laserfiche WebLink
WATER LEASE <br /> THIS AGREEMENT T is made and entered thisb-'­9 day of March, 2020 by and between <br /> Colorado Springs Militias, an enterprise of the City of Colorado Springs, a home-rule city and <br /> municipal corporation ("Springs Utilities"), and Martin Marietta. "Lessee"), (collectively "the <br /> Parties"). <br /> RECITALS <br /> A. Based on current conditions and operation system constraints, Springs Utilities has <br /> determined that some limited amount of water owned by Springs Utilities, other than Blue <br /> River water or water that will be replaced in Springs Utilities' operations by Slue River <br /> water, is or will be available for lease from storage facilities along the Arkansas River <br /> ("Available Water"). <br /> B. Springs Utilities desires to lease Available Water if and when it has surplus supply, <br /> according to the guidelines set forth in the Colorado Springs Utilities Water Management <br /> Plan. <br /> C. Lessee desires to lease the Available Water for the purpose of augmentation, <br /> D. Springs Utilities desires to lease Available Water to Lessee for the stated purpose. <br /> AGREEMENT <br /> NOW,THEREFORE,in consideration of mutual benefits to the parties and the payment to Springs <br /> Utilities as hereinafter provided, the receipt and sufficiency of which is acknowledged, IT IS <br /> AGREED: <br /> 1. Terms,Springs Utilities agrees to lease for Lessee's use up to 115 acre-feet of Available <br /> Water "Leased Water") for delivery during the following time period at the specified cost: <br /> Delivery Time Period cost <br /> Mar 1 —Nov 14, 2020 0 Per Acre-Foot <br /> . Pavment. Lessee agrees to pay Springs Utilities the total of the above cost per acre-foot <br /> of water multiplied by the total acre-feet of Leased Water deemed delivered hereunder. <br /> Springs Utilities shall provide Lessee with a timely invoice for all Leased Water deemed <br /> delivered and Lessee shall make full payment of the invoice to Springs Utilities within 30 <br /> days of its receipt. <br /> . Measurement. The eater leased hereunder shall be measured and deemed delivered at <br /> certain facilities along the Arkansas Fiver. Lessee shall be responsible for any and all <br /> transit, evaporation, and losses subsequent to the delivery of Leased Water. <br /> 4. 2elivery. Lessee shall be responsible to arrange with Springs Utilities'Water Resource <br /> Management Department for the delivery of the Leased Water, and, if necessary, for <br /> contacting the Superintendent of the Colorado Canal companies If Leased Water Is stored <br />