PERMFILE45859

• Permit No: M2005033
• IBM Index Class Name: Permit File
• Doc Date: 9/11/2006
• Doc Name: Response to Adequacy Review
• From: WSI
• To: DRMS
• Media Type: D
• Archive: No

change at least thirty days prior to the start of the new five
year period. In the event the Lessee does not require the
delivery of any of the Leased Water in a given year, there shall
be no administrative costs charged. The City shall invoice the
Lessee for the annual administrative costs in January of each
year and Lessee shall pay said costs within thirty days of the
invoice date. In the event the Lessee shall fail to pay its
accrued administrative costs in any year, the City shall have the
right, in addition to any other legal or equitahle remedies it
may have, to refuse to deliver the Leased Water until such time
as all accrued administrative fees have been paid in full.
e. At the option of the City, delivery of the Leased Water
shall be made at the City's Waste Water Treatment Plant,-700
South Boise Avenue, Loveland, CO, or at such other downstream
location or locations above the Lessee's original point of need
as agreed by and between the Lessee and City in writing. Lessee
shall not unreasonably withhold its approval of any request by
the City to move the point of delivery.
9. Subject to the provisions of paragraph 5, the City
shall only be obligated to deliver the Leased Water to-the Lessee
if water meeting the requirements of this Lease is reasonably
available to the City. In the event of a drought or other
conditions, restrictions or emergency situations beyond the
control of the City which, limit the City's ability to receive or
deliver all or a portion of the Leased Water to the Lessee, the
City shall be relieved of its obligations to deliver such water
under the terms of this Lease until such time as conditions
permit the City's receipt and delivery of the Leased Water.
10. The Lessee shall take the Leased Water AS IS and the
City makes no express or implied warranties of any kind or
nature, including the warranties of merchantability or fitness
for a particular purpose, concerning the water quality of the
Leased Water.
11. In the event the Lessee wishes to assign, encumber or
exchange its rights to receive all or any portion of the Leased
Water not already used to satisfy a temporary substitute supply
plan or permanent augmentation decree to a third party, the City
shall have the first right of refusal to reacquire said rights.
In such event, Lessee shall notify the City in writing and shall
provide the City with a copy of the signed agreement between the
Lessee and the third party. The City shall have the right to
reacquire the water rights within ninety days from receipt of the
notice, by informing Lessee of its intent to exercise its first