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�R EGENED <br /> 2 9 261t <br /> EXTRATERRITORIAL WATER AGREEMENT <br /> WPdrER RESOURCT,3 <br /> This Agreement made and entered into this day of <br /> 'ZL,VMmm, by and between the Canon City Water Department (hereinafter "City. <br /> a water activity enterprise of the City of Caflon City, Colorado, a Municipal Corporation, <br /> and Agile Stone Systems, Inc., a corporation authorized to do business in Colorado <br /> (hereinafter "Agile"). <br /> RECITALS <br /> WHEREAS, Canon City owns and operates a water treatment and <br /> distribution system servicing water users in and around the City of Cafion City, <br /> Colorado and certain direct flow Municipal water rights on the Arkansas River; and <br /> WHEREAS, Agile, owns a quarry and conducts mining operations thereon <br /> at a location close to the Arkansas River near Parkdale, Colorado and desires to <br /> purchase from Carrion City up to 50 acre feet of raw water annually for up to 35 years in <br /> accordance with the terms and provisions, of this Agreement; and <br /> WHEREAS, Cafion City is willing to sell and deliver water to Agile in <br /> accordance with the terms and provisions hereof. <br /> NOW, THEREFORE, in consideration of the following covenants and <br /> conditions, the receipt and su�fficiency of which each party acknowledges, Cahon City <br /> and Agile agree as follows. <br /> 1. If, but only if authorized in writing by order or decree of .the District Court <br /> in and for Water Division 2, State of Colorado ("Water Court") or the Colorado State <br /> Engineer or Division Engineer, Division of Natural 'Resources (hereinafter collectively <br /> called "State Engineer"), and subject to any and all limitations and requirements set <br /> forth in such decree, order or writing, Cahon City shall sell, lease and deliver to Agile at <br /> Agile's existing diversion intake on the Arkansas River near Parkdale, Colorado as <br /> more fully described in Exhibit A, attached hereto and incorporated herein (hereinafter <br /> sometimes "intake'" or "point of delivery"), not more than fifty (50) acre feet of raw water <br /> annually for use in and in connection with its quarry and' mining operations on that <br /> certain land described herein at Exhibit B, attached hereto and' incorporated herein. <br /> Unless otherwise agreed in writing, Agile shall not divert water sold and delivered <br /> pursuant to this paragraph at a rate greater than 80 gpm (0.IS cfs), <br /> 2.(a) In addition, without promisibg any particular result now or at any time in <br /> the future, the City agrees that it will fully support and cooperate with Agile in Agile's <br /> efforts to obtain requisite authorization, whether administrative or judicial, to take <br /> delivery of the raw water the City is willing to sell to Agile pursuant to the terms and <br /> provisions of 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 Caiion City in accordance <br />