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WATER SUPPLY AGREEMENT
<br /> This WATER SUPPLY AGREEMENT("Agreement")is made and entered into this C
<br /> day of i,) H, � I -, 2021, by and between the City of Longmont, a municipal corporation
<br /> organized under the laws of the State of Colorado, and acting by and through its Water Utility
<br /> Enterprise ("Longmont"), whose address is I 100 South Sherman Street, Longmont, Colorado
<br /> 80501,and Aggregate Industries-WCR, Inc.,whose mailing address is 1687 Cole Blvd.,Suite 300,
<br /> Golden, Colorado 80401 ("Customer"). Longmont and Customer may sometimes be referred to
<br /> herein individually as a"Party"or collectively as "Parties,"
<br /> RECITALS
<br /> A. Longmont, a home rule municipality in Boulder County, Colorado, duty organized
<br /> and existing under Article XX of the State Constitution, acting on behalf of its water utility
<br /> enterprise,is authorized,pursuant to Sections 1.2, 1.3,and 11.1 of Longmont's Home Rule Charter
<br /> and Section 31-15-101,et seq., C.R.S., as amended,to acquire,hold, lease, and dispose of real and
<br /> personal property, including water and water rights,
<br /> B. Longmont owns water, water rights, or water credits in the St, Vrain Creek basin
<br /> that are fully consumable.
<br /> C. Longmont and Customer desire to enter into this Agreement to provide water to be
<br /> supplied by Longmont to Customer.
<br /> D. Pursuant to section 14.09.030 of the Longmont Municipal Code, Longmont's
<br /> General Manager of Public Works and Natural Resources, or the General Manager's designee, is
<br /> authorized to enter into and execute water rights leases or raw water supply agreements, at the
<br /> then-current rental market rates for agricultural and other uses, or exchange agreements by which
<br /> Longmont obtains water of equal or greater value, of one year or less,
<br /> AGREEMENT
<br /> Now, therefore, in consideration of the foregoing recitals, and mutual covenants and
<br /> agreements herein, and for other good and valuable consideration, the receipt and sufficiency of
<br /> which is hereby acknowledged, the Parties agree as follows:
<br /> 1. Suppl . Longmont hereby agrees to provide to Customer 20.4 acre-feet of fully
<br /> consumable water (the "Subject Water'). The Subject Water may be selected and delivered by
<br /> Longmont, in its discretion, from various sources including reusable effluent, water stored in
<br /> Union Reservoir, other fully consumable water controlled by Longmont, or water from any other
<br /> source, provided the Subject Water shall be usable by Customer for its stated purpose,
<br /> 2. Deliveries.
<br /> 2.1. Point of delivery. Longmont shall, at its sole discretion, deliver the Subject
<br /> Water at either (hereinafter the "Delivery Point"): (1) the outfall of Longmont's municipal
<br /> Aggregate Industries Watcr Supply Agreement-South Platte Basin-FINAL-04/13/2021
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