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RECEIVED <br /> JUN ,2 18 <br /> VWER SS <br /> WATER LEASE AGRXEMENT " E Q hul l��IEIR <br /> This AGREEMENT'is made and entered into effective f the � �day ofAMA, <br /> Inc.,201 <br /> L (hereinafter called "Effect've Date"), by and between the Board of Water Workslof <br /> Pueblo, Colorado (hereinafter called "Pueblo Water") and Martin Man"etta Materials <br /> subjectsole member of Front Range Aggregates, LLC(hereinafter called '1essee'it)70 <br /> RECITALS <br /> WHEREAS, the water use that i's the <br /> WHEREAS,i in any regular rate schedule fixed by Pueblo Water- and the parties mutually agree that the <br /> terms for the lease of water for the purposes hereinafter set forth should be the subject of this <br /> special Agreement-, <br /> Lessee desires to procure raw water from the Board for replacement of <br /> WHEREAS, Pueblo Water is willing to lease raw water to Lessee for 'its use for these <br /> purposes subject to the terms of this Agreement. <br /> 16 <br /> NOW, THEREFORE, fOTand in consideration of the mutual promises herein contained <br /> and the payments to be made hereunder, the parties hereto agree as follows: <br /> AGREEMENT <br /> 1. Term of Agreement. Unless terminated early pursuant to paragraph 34 below, this <br /> Agreement will be 'in force for a period of 5 years commencing April 1, 2016 and terminating <br /> # beginning <br /> . .th this commencement date. . <br /> March 31, <br /> ' Each twelve month 7 <br /> is a <br /> Contract Year under the terms of this Agreement. <br /> 2. Each Contract Year during the term of this Agreement, and 'in accordance <br /> Quantity. <br /> water.with the terms hereof, Pueblo Water will make avallablefOTdelivery to Lessee 50 acre-feet of <br /> water. Fifty acre-feet is the minimurn quantilty of water to be paid for and made available for <br /> delivery under this Agreement for each Contract Year. <br /> 3. Delivery of Raw Water. The water to be delivered hereunder i's raw water that has not <br /> been treated to make it suitable for any particular use. Any treatment of the water delivered <br /> hereunder to make it suitable for Lessce's use is the responsibility of Lessee. <br /> 4. Delivery of Consumable Water. Pueblo Water agrees to deliver to Lessee <br /> transmountain water or other water totally consumable under Colorado law, 'Including but not <br /> limited to, reusable return flows from transmountain water or other fully consumable <br /> Water.Once delivered to Lessee, all water not fully consumed by Lessee's use remains the property of <br /> Pueblo <br />