Laserfiche WebLink
TEMPORARY CARIUAGE AGRE EME NT <br /> THIS AGREEMENT, is entered into this 15'-Oday of�-rnil—, 2021, by and between <br /> 09 <br /> THE WHITNEY IRRIGATION COMPANY, whose address is 0951 County Road 27, Greeley, <br /> Colorado,hereinafter referred to as the"Company,"and AGGREGATE INDUSTRIES-WCR,INC., <br /> whose address is 1687 Cole Boulevard, Suite 300, Golden,Colorado 80401,hereinafter referred to <br /> as "Aggregate Industries". <br /> RECITALS <br /> WHEREAS, the Company manages and operates the Whitney Ditch (hereinafter"Ditch") <br /> and operates a wasteway and augmentation structure "Structure" located within the SE Quarter, <br /> Section 30, Township 6 North, Range 66 West of the 6 Th P.M., Weld County, Colorado; and, <br /> WHEREAS,Aggregate Industries desires to divert water they own through the Ditch,being <br /> 13.5 Whitney shares,to be carried by the Company and released through the Structure in order to <br /> return water yielded by the shares to the Poudre River for the 2021 irrigation season; and <br /> WHEREAS,there is on occasion capacity in the Structure to permit the Company to deliver <br /> the water described above as desired by Aggregate Industries; <br /> NOW THEREFORE, in consideration of the premises and the mutual promises and <br /> covenants of the parties hereto, IT IS AGREED AS FOLLOWS: <br /> 1. The Company agrees to deliver water represented by Aggregate Industries ownership of 13.5 <br /> Whitney shares for release into the Structure described above pursuant to the terms and conditions of <br /> this Agreement. The Company may deliver and release the water, in its sole discretion, to the <br /> Structure as is consistent with its primary responsibility of delivery of irrigation water during the <br /> 2021 irrigation season. Aggregate Industries may request a monthly delivery schedule within said <br /> irrigation season,and the Company agrees to accommodate said request as they are reasonably able, <br /> so long as the delivery schedule is consistent with Company operations, as determined in the sole <br /> discretion of the Company. <br /> 2. The carriage and delivery of water will occur only at such times as the Ditch is operating in <br /> order to carry water rights to meet the requirements of the stockholders, and it is expressly <br /> understood by Aggregate Industries that the carriage right is subordinate to the rights and obligations <br /> of the Company to run water for its stockholders. Releases will be made only when the Company is <br /> operating the Ditch and may be interrupted in the event the Company determines it cannot run water <br /> in the Ditch for any reason. The releases may be simultaneous with the diversion or may be delayed <br /> as a result of temporary storage in the Company system.Releases shall equal the amount diverted at <br /> the Company headgate minus any losses resulting from ditch seepage or temporary storage <br /> ("Carriage Loss"). <br /> 3. The carriage fee shall be $ 200.00 per share and shall be paid to the Whitney Irrigation <br /> Company upon execution of this Agreement. Additional charges will be assessed as necessary for <br /> administration, operation, legal review, engineering review,and any other charges incurred by the <br /> Company related to this Agreement. Legal fees shall be limited to$500.00 and are due and payable <br /> I <br />