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Docusign Envelope ID:707D4537-A52F-4E6E-A8EE-188049D501 DF <br /> CITY OF ARVADA <br /> WATER LEASE AGREEMENT <br /> THIS WATER LEASE AGREEMENT ("Agreement") is executed by both Parties and <br /> entered into on 1/16/2025 , 2025 ("Effective Date") by and between the City of Arvada, a <br /> Colorado home rule municipal corporation ("Arvada"), as Lessor, whose address is 8101 Ralston <br /> Road, Arvada, Colorado 80002 and Holcim-WCR, Inc., as Lessee, whose address is: 1687 Cole <br /> Blvd, Suite 300, Golden, Colorado 80401, collectively referred to as the Parties. <br /> RECITALS <br /> Arvada owns certain water rights on Clear Creek and its tributaries from the sources <br /> described in attached Exhibit A that are decreed for municipal and other uses, including the right <br /> to fully consume by first use,to reuse and successively use,and to lease to others,treated municipal <br /> return flows after first use of the water by Arvada. From time to time, a certain amount of this <br /> reusable water is surplus to the needs and obligations of Arvada("Surplus Water"). <br /> Arvada anticipates it will have Surplus Water available from time to time in 2025; and <br /> Lessee desires to lease a certain portion of the Surplus Water from Arvada in accordance <br /> with the terms and conditions of this Agreement for Lessee's use. <br /> AGREEMENT <br /> NOW THEREFORE, in consideration of the mutual agreements contained herein and <br /> other good and valuable consideration, the receipt and sufficiency of which are hereby <br /> acknowledged, Arvada and Lessee agree as follows: <br /> 1. Lease Term. Unless earlier terminated as provided in this Agreement, the term of <br /> this Agreement shall commence on the Effective Date and terminate on December 31, <br /> 2025. <br /> 2. Lease of Water. Arvada hereby leases to Lessee up to a total of 66 acre-feet (AF) <br /> annually of the Surplus Water ("Leased Water"), as represented in the table below, which <br /> will be made available from July 1,2025,through September 30, 2025,with deliveries not <br /> to exceed 2 AF per day when Surplus Water is available. <br /> All values in ac-ft <br /> July 2025 August 2025 September 2025 Total <br /> 24.0 21.0 21.0 66.0 <br /> 3. Delivery and Transportation Losses. <br /> A. Amount. Arvada shall provide Lessee each day with the amount of flow <br /> available at the discharge point for the Leased Water for the preceding day. <br /> I <br />