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<br /> IN 2 ,P 2018
<br /> GI/ ER Z I 'q:r r C moms;e
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<br /> d with the agreement describe in the Calm City Attorneys letter o John McDermott,
<br /> dated AUgLfSt 19, 1,999, and attached hereto as Exhibit C) incurred with respect
<br /> A iie's efforts to secure SUch authorization, whether StIccessful or riot shall be paid
<br /> Agile or promptly 'reirnbursed byAgileto the City, if first paidbythe City.
<br /> (b) Notwltl standing anything to the contrary set forth hereinabove, neither
<br /> Cahon City nor its Water Department shall' be ,obligated underthis Agreement
<br /> the change of any water right or to otherwiserile or participate in any, Water Court or
<br /> other a ci C proceeding that could require the quantiffcation of any of the w� der ri ht
<br /> owned r controlled by e City of Cahn ,, City an / r the Gahors City Water De art ent-
<br /> C ry City neither guarantees nor warrants that Agile will become entitled to receive
<br /> water committed hereunder at Agile"s intake and will not put its water ri f ts, in Jeopardy
<br /> as a part of Agile's effort to obtain authorization receive water sold by the City t its
<br /> into .
<br /> 3. Except as provided ire, paragraphs 4 and 5 hereof, Agile will be solely
<br /> responsible fir the installatioll, Operation" maintenance,, repair and replacement
<br /> infrastructure of and within its intake, diversion and distribution systems. Such
<br /> infrastructure Includes, but is not limited o all weirs, channels, mains, pipes, valves,
<br /> connections, pumping facil s, temporary, storage 'facilities, treatment facilities
<br /> aiscnarge facilities and appurtenances now or hereafter established on such land to
<br /> serve and support giie"s quarry and rriini,ng operations and which divert channel
<br /> measure, distribute and discharge raw water purchased and used PLjrsuant this
<br /> Agreement.
<br /> .4. Agile shall purchase from Cahon City a meter OT otherwise, pmvide an
<br /> accurate measuring device esi to Canon City arid' approved by the State
<br /> Engineer's office at the point of delivery n allow representatives of Cahon City and
<br /> i
<br /> he Sit'late Engineer'soffice access o Such meter r other accurate rr� asur��r� device at
<br /> all reasonable mes during the tare here.
<br /> . Can-on City or its agents -will read the mr elter or other measuring device,
<br /> once, on, or about the 15th day or each month, to determineg l 's raw water
<br /> consumption for each billing ► ri n submit toAgile an invoice for water c nsurne
<br /> y,Agile onor ablout the 30 h day of eachmonth,
<br /> . The, baser to for water consumption billed to and payable by agile will be
<br /> e water rite established by ,ordinancer res,o1u i n of the Council of Cah,on, it the
<br /> governing board of the Canon City Water Department, from time to timefor outside
<br /> users" who receive treated water 'rrn Capon it
<br /> r �u grlie' cost for, raw war
<br /> shah he calculated by subtracting from such base rate the "raw water discount""
<br /> provided for at subparagraph this paragraph 6. The utsidle grog ��user rate is
<br /> Currently provided for a subsection Section . . 5 of ban"on
<br /> Cif
<br /> Municipal, Code and paragraph 7 said' Council"s Resolution o, , Series '919 . i
<br /> during the term hereof,. the governing, board abound fail to establisha grater rate for
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