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NOW,THEREFORE,FOR GOOD AND VALUABLE CONSIDERATION,INCLUDING THE <br /> FOREGOING REPRESENTATIONS,IT IS AGREED AS FOLLOWS: <br /> 1. Term:This Agreement shall become effective upon execution by both parties and shall remain in <br /> effect until June 30,2021 ("Original Term").The Agreement can be renewed on an annual basis <br /> after expiration of the Original Term for up to 4 additional one year periods at UTILITIES' sole <br /> discretion based on its determination that Surplus Water is available for lease each year. In no <br /> case can the term of this Agreement be extended beyond June 30, 2025.UTILITIES reserves the <br /> right not to lease Surplus Water to SCHMIDT under this Agreement if in its sole judgment such <br /> water is required to supply the needs of UTILITIES' customers or that Surplus Water is not <br /> available. UTILITIES is not obligated to extend or renew the term of this Agreement or deliver <br /> Surplus Water to SCHMIDT after the expiration of the Original Term or any subsequent one year <br /> renewal of the term. <br /> 2. Substitute Water Supply Platt: SCHMIDT shall be solely responsible for filing a SWSP with <br /> the Colorado State Engineer's Office pursuant to C.R.S.37-92-308(5)or C.R.S.37-90-137(11) <br /> requesting approval of a change of the water rights for the Hanna Wells that would allow the <br /> Surplus Water to be legally used for SCHMIDT's Uses. SCHMIDT shall provide UTILITIES <br /> with the reasonable opportunity to review and provide input on the SWSP request before it is <br /> filed with the State Engineer's Office,to review and provide input on any responses to questions <br /> or comments from the State Engineer's Office related to the SWSP request or approval,and to <br /> review and provide input on any terms and conditions proposed by the State Engineer's Office. <br /> SCHMIDT shall not submit the SWSP request or responses to the State Engineer's Office,or <br /> accept the terms and conditions of the SWSP without receiving UTILITIES'approval of same. <br /> The submission of documents or other infonnation related to the review and approval set forth in <br /> this paragraph shall be provided to UTILITIES as follows:Kalsoum Abbasi,Planning Supervisor, <br /> kabbasi@csu.org. <br /> 3. Suralus Water Deliveries: Upon approval of the SWSP described in paragraph 2,UTILITIES <br /> agrees to lease up to 250 acre feet of Surplus Water to SCHMIDT solely for uses associated with <br /> its gravel mining operations each year this Agreement is in effect.UTILITIES agrees to supply <br /> Surplus Water at a maximum sustained delivery rate of 200 gallons per minute from the Hanna <br /> Wells to SCHMIDT's gravel mining operation.The maximum annual delivery of Surplus Water <br /> to SCHMIDT shall not exceed 250 acre-feet in any calendar year. Deliveries of Surplus Water <br /> will be made at the meter on the existing pipeline that runs from the Zero Discharge softening <br /> plant to the gravel pit property("Meter Point"). <br />