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Board afee ofOne-Hundred forty-five Dollazs and eighty-four cents ($145.84) per acre-foot of <br />water leased, and any rate increasesafter September 1, 2004, as more particulazly set forth in <br />paragraph 12, below. The parties agree that the water leased hereunder is on a "take or pay" <br />basis. Evans will pay an annual charge for the quantity of water determined pursuant to <br />paragraph 19 below, whether or not'said quantities of water are actually taken by Evans. The <br />Board agrees to make the required duantity of water determined under paragraph 19 below <br />available for delivery each year, commencing on the Delivery Date, throughout the term of this <br />Agreement. <br />11. Payments. The chaz e for water shall be paid annually in advance. In addition, <br />Evans will pay to the Board upon execution of this Agreement anon-reimbursable fee ofTwo- <br />Thousand Five Hundred Dollars ($2~r500) in consideration of administrative costs incurred by the <br />Boazd in this Agreement. Upon execution of this Agreement, Evans shall pay Ten-Thousand <br />Dollars ($10,000) to the Board that shall be credited towazd the first annual payment. The <br />remaining balance of the first annual payment shall be due on Januazy 1, 2005. Each additional <br />annual payment shall be due from Evans to the Board on the first day of January each yeaz <br />thereafter for the term of this Aereernent. <br />12. Escalation. Beginning January 1, 2005, and continuing for each year throughout <br />the remaining term of this Agreement, the charge for water delivered by the Board to Evans shall <br />be adjusted annually based upon the ;percentage increase, if any, over the previous year of the <br />Board's water rates for its general customers for treated water. Commencing after the Delivery <br />Date, the Board will give Evans at least 30 days written notice of any rate increase pursuant to <br />this paragraph before such increase shall be effective. Any such adjustment to the charge for <br />water shall not be greater than 5% per yeaz for each calendar year beginning on January 1, 2005. <br />13. Assignability. Evans may assign this Agreement subject to prior written approval <br />of said assignment by the Board, which approval maybe withheld for any reason deemed proper <br />by the Board. Evans may sublease i ater obtained from the Board under this Agreement upon <br />the following conditions: <br />A. Evans shall not lease water to third parties who are presently customers of <br />the Board or who are at the time of the proposed sublease domestic, industrial, or commercial <br />customers of the Board. Leases to agricultural users, such as ditch companies or well owners <br />associations are allowed, even if they; are customers of the Board. <br />B. Evans shall not lease water to third parties at a price higher than it pays to <br />the Board for the water. ~ <br />C. The <br />Board. <br />14. Substitute Supply F <br />Evans will use the water to be deli <br />lessees shall have no rights or recourse as against the <br />nd Aumrentation Plans. The parties both recognize that <br />under this Agreement in a substitute water supply plan <br />4 <br />