2023-02-24_HYDROLOGY - M2004009 ‎(2)‎

• Permit No: M2004009
• IBM Index Class Name: Hydrology
• Doc Date: 2/24/2023
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: ECS
• Email Name: MAC
• Media Type: D
• Archive: No

b. Lessee is responsible for obtaining any approvals necessary for Lessee's
proposed use of the Leased Water. All expenses associated with such approval(s)
will be the sole responsibility of the Lessee. All such approvals shall be done in
such a manner that they will not burden the City's use of the reuse water after the
end of the lease term or in the event of Lessee's breach of this Agreement. No
such plan or approval sought by Lessee for use of the Leased Water may involve
a change or review of the City's water rights in Water Court. The City will
cooperate with Lessee to obtain any such approvals, at no cost to the City. Lessee
will provide the City with a copy of any approvals.
8) Notices. All required notices shall be in writing and shall be deemed given to a Party
when a copy thereof, addressed to such Party is provided herein, is actually received,
by personal delivery, certified mail, commercial courier or a successful facsimile
transmission at the address or facsimile number of such Party provided below. All
notices to Lessee shall be address to Lessee at the following address and facsimile
number or such other addresses or facsimile numbers which Lessee provides to the
City:
Daniel W.Hunt, President
Asphalt Specialties Co., Inc.
10100 Dallas St.
Henderson, CO 80640
Telephone: [phone]
Facsimile: [phone]
All notices to the City shall be addressed to the following physical or email address
or such other addresses or facsimile numbers which the City provides to Lessee:
City of Louisville
c/o Cory Peterson
749 Main Street
Louisville,CO 80027
Telephone: [phone]
Email: c eterson(idouisvilleco. ov
9) Warranties and Cooperation. The City makes no warranties as to quality of the reuse
water. If,through no fault of the City, reuse water cannot physically or legally be
delivered as provided in this Agreement, Lessee's sole remedy shall be to either
cancel this Agreement and receive a refund for water not delivered or receive a
prorated refund for future undeliverable water in proportion to the amount of water
physically and legally unavailable. This Agreement does not preclude the City from
entering into other reuse water lease agreements.
10) Assignment. Neither Party may assign this Agreement without the prior written
approval of the other Party hereto, which approval shall not be unreasonably
withheld.
11) Binding Effect_ The agreements and obligations contained herein shall extend to,
bind and inure to the benefit of the Parties hereto, as well as their respective
successors and assigns.
• 749 Main Street,Louisville,Colorado 80027 • P-[phone] F-[phone] •
www.louisvilleco.140v 0