|
rnID» ECr
<br /> (WAM'PY"!Ulow fiwra9,
<br /> A
<br /> Jt.)N 2' 9 20, 18
<br /> ` EXTRATERRITORIAL WATER AGREEMENT AQ f R III al I R
<br /> This Agreement made and entered into this r"dday of
<br /> by and between the Can-on City Water De ar men hereina, tv
<br /> a water activity enterprise of the City of Canon City, Colorado a Munic,1pal Corporation,
<br /> i
<br /> ,and Agile Stone Systems, Inc., a corporation authorized 'to do businessw
<br /> (hereinafter "Ag if
<br /> ).
<br /> RECITALS
<br /> WHEREAS, Cb o � City owns a ' operates a water treatment and
<br /> distributionsystem servicing water users in and around the C ty of Can-on City,
<br /> Colorad and certain direct flow municipal water rights on the Arkansas, River,,
<br /> WHEREAS, Agile owns a quarry and con u' cts mining operations thereon
<br /> close to the Arkansas River rear Park,dale, C l r dio and desires. to
<br /> purchase from Caflon City up to 5 aicre feet of raw water annually for u
<br /> p to 315 years in,
<br /> accior ante with the terry and provisions of thi's Agreement and
<br /> WHEREAS, Ca rr City is willing to sell and deliver 'water, to, Agile 'n
<br /> accordance with the terns and provisions hereof..
<br /> NOW, THEREFORE, in con er�at` f' the following covenants and
<br /> conditions, the receipt and sufficiency of which each party acknowledges, Ca City
<br /> and Agile agree as follows,
<br /> ,; but only If authorized in writing by order or ciecr O the Distrlict Court
<br /> in and for Water Division 2, State of Colorado ("Water Court" or the Colorado State
<br /> Engineer or Division Engineer, iv si n of Nat Ural Resources (hereinafter collectively
<br /> called State Engineer"), and subject to and arid' all limitations nd requirements s
<br /> et
<br /> forth in such decree, order or writing, Cahon City shafisell, lease and deliver to Agile at
<br /> g ' existing diversion intake on the Arkansas River near, Par daleColorado
<br /> more fully described in Exhib't A, attached hereto and incorporated serer (hereinafter
<br /> sometimes n'take r Form of deliver,'),, not more than fife (50) acre feet of raw water
<br /> annually for use in and in connection with 'ts, arry and' mining operations n that
<br /> certain land described herein at Exhibit, B, attached hereto and inc,orporated herein.
<br /> agreedUnless otherwIse writing,
<br /> pursuant to thisparagraph at rate greater than 80 gpim, .18 c s .
<br /> 2.(a) n additloint without prom,Is b any particular result now or, at any time
<br /> the future, the City agrees that it will fully support and cooperate with Agile in
<br /> efforts to obtain requisite authorization, weber administrative or, juldicial, to take
<br /> delivery of the raw water the City is w llf"ng sell to Agile pursuant t 'the terms a
<br /> nd
<br /> provisions this Agreement at Agile s intake facility; provided that all outside legal,
<br /> engineering, administrative, court and related fees, costs and expenses (except those
<br /> expenses which may be evenly divided between Agile and Canon City in accordance
<br />
|