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WATER SUPPLY AGREEMENT
<br /> This WATER SUPPLY AGREEMENT("Agreement")is made and entered into this
<br /> day of hJ o V?.A4 e r ,202,y,by and between the City of Longmont, a municipal
<br /> corporation,organized under the laws of the State of Colorado and acting by and through its Water
<br /> Utility Enterprise ["Longmont"), whose address is 1100 South Sherman Street, Longmont,
<br /> Colorado 80501,and Asphalt Specialties Co.,Inc.,a Colorado corporation,whose mailing address
<br /> is 10100 Dallas Street, Henderson,Colorado 80640("Custoner").Longmont and Customer may
<br /> sometimes be referred to herein individually as a"Party"or collectively as"Parties"
<br /> RECITALS
<br /> A. Longmont,a home rule municipality in Boulder County,Colorado,duly organized
<br /> and existing under Article XX of the State Constitution, acting on behalf of its water utility
<br /> enterprise,is authorized,pursuant to sections 1.2, 1.3,and 11.1 ofLongmont's Home Rule Charter
<br /> and section 31-15-101,et seq.,C.R.S.,as amended,to acquire,hold,lease,and dispose of real and
<br /> personal property, including water and water rights.
<br /> B. Longmont owns water, water rights, or water credits in the St. Vrain Creek basin
<br /> that are fully consumable.
<br /> C. Longmont and Customer desire to enter into this Agreement to provide water to be
<br /> supplied by Longmont to Customer.
<br /> D. Pursuant to section 14.09.030 of the Longmont Municipal Code, the City is
<br /> authorized to enter into and execute water rights leases or raw water supply agreements, at the
<br /> then-current rental market rates for agricultural and other uses,or exchange agreements by which
<br /> Longmont obtains water of equal or greater value,of one(1)year or less.
<br /> AGREEMENT
<br /> Now, therefore, in consideration of the foregoing recitals, and mutual covenants and
<br /> agreements herein, and for other good and valuable consideration, the receipt and sufficiency of
<br /> which is hereby acknowledged,the Parties agree as follows:
<br /> 1. Supply. Longmont hereby agrees to provide to Customer 27.50 acre-feet of fully
<br /> consumable water (the "Subject Water"). The Subject Water may be selected and delivered by
<br /> Longmont, in its discretion, from various sources including reusable effluent, water stored in
<br /> Union Reservoir,other fully consumable water controlled.by Longmont,or water from any other
<br /> source,provided the Subject Water shall be usable by Customer for its stated purpose.
<br /> 2. Deliveries,
<br /> 2.1. Point of delivery. Longmont shall,at its sole discretion,deliver the Subject
<br /> Water at either (hereinafter the "Delivery Point'): (1) the out£all of Longmont's municipal
<br /> wastewater treatment plant,presently located in the SE'/NW'/of Section 11,T2N,R69W of the
<br /> A tf4Wt Spci A ties 2024-2075 Wattf Supply AgFi tnl FINAL_I IA3WO24
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