Laserfiche WebLink
Docusign Envelope ID:786D168F-0067-4650-A363-EC7C325C32F6 <br /> 2025 AMENDMENT OF WATER LEASE AGREEMENT <br /> THIS 2025 AMENDMENT OF WATER LEASE AGREEMENT ("Amendment") is <br /> made and entered into as of the 5th day of November, 2024,by and between the <br /> Town of Erie ("Lessor") and Asphalt Specialties CO., Inc. ("ASCI" or"Lessee"). Lessor <br /> and Lessee are referred to collectively herein as the "Parties." <br /> RECITALS <br /> A. On December 5, 2023, the Parties entered into a Water Lease Agreement <br /> ("Original Lease"). The Original Lease specified an Initial Lease Term of one year and <br /> allowed for renewal of the lease for additional one-year terms through December 31, <br /> 2028, upon Lessor's written approval. <br /> B. The Parties desire to amend the Original Lease to provide for another one- <br /> year lease term ("Second Lease Term"), subject to the terms and conditions herein. <br /> C. Lessor is the owner of Units in the Windy Gap ("WG") Project, as such <br /> Units are defined in the Allotment Contract between the Northern Colorado Water <br /> Conservancy District ("NCWCD") and Lessor. <br /> D. Lessee desires to lease effluent derived from first use of Lessor's WG Units <br /> under Lessor's 2025 water allotment("WG Reuse Water") for use as <br /> augmentation/replacement water. From time to time, varying amounts of the WG Reuse <br /> Water may be surplus to the needs and obligations of the Lessor ("Surplus Water"). <br /> E. Lessor anticipates having Surplus Water available periodically during <br /> 2025. <br /> F. Lessee desires to lease a certain portion of the Surplus Water from the <br /> Lessor in accordance with the terms and conditions of this Lease for use as an <br /> augmentation source for gravel pit mining and reclamation purposes. <br /> AGREEMENT <br /> For good and valuable consideration, the receipt and sufficiency of which is <br /> hereby acknowledged, the Parties agree as follows: <br /> 1. Amendment of Lease of Water;Term. Lessor hereby leases to Lessee up <br /> to a total of 35.60 acre-feet of Surplus Water to be delivered during the Second Lease <br /> Term of January 1, 2025 through December 31,2025. <br />