2007-01-25_REVISION - M1984043 - Laserfiche WebLink

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I~ 3. ~. This lease is for the period from January 1, 2007 through March 31, 2008. 4. Determination of Water Availability by the District Board The District Board allows surplus water to be supplied on a short-term basis to territories outside the District boundaries until the same is needed by participants in the District's Plans. The extent to which lintation of delivery outside the District may be necessary to enable the District Board to provide adequately for users inside the District is a fact to be determined by the District Board in the exercise of its reasonable discretion from time to time as occasion may require. The District Board has determined that the welfare of its plan participants requires a stable water supply not only for its plan participants but also for the other citizens of the District putting to beneficial use the water belonging to the District. 5. Interruyrion of Water Supply Beyond District Control There are many elements which make it uncertain whether the supply of water can always be adequate for all. Both parties to this Agreement recognize that the water supply for the District and its plan participants is dependent upon sources from which the supply is variable in quantity and beyond the control of the District Board. No Liability in tort or contract shall attach to the District hereunder on account of any failure to accurately anticipate availability of water supply or because of an actual failure to supply water due to inadequate runoff or inadequate storage arising from an occurrence beyond the reasonable control of the District, including but not limited to act of God, strike, war, insurrection, or inability to serve arising out of the order of any court, or the lawful order of any governmental administrative body or agency clothed with authority to regulate matters pertaining • to water, public utilities, public health or pollution control. 6. Emergency Water Shorta¢es. The parties agree that from time to time emergency situations may arise where there is a necessity to limit the use of water for lessees of water from the District. The parties agree that the necessity for such limitation is a fact to be determined by the District Board in the exercise. of its reasonable discretion from time to time, as occasion may require. It is hereby agreed that the District may adopt, in the situation of a shortage, such reasonable restrictions on uses or priorities for curtailed use, as may be necessary to adapt to such emergency conditions or shortage, including limitations on lessee's supplies hereunder as a result of such emergency conditions or shortage. Lessee agrees that no liability in tort or contract shall attach to the District hereunder on the account ofthe necessity for adopting such policies to meet emergency conditions or shortage. In the event that the District is unable to make the deliveries of water to the Lessee specified in this Agreement, then Lessee's payment for water shall be reduced or refunded in proportion to any reduction of deliveries by the District. 7. Not a Permanent Suoolv. The Parties understand and agree that this Agreement is not to be interpreted as any commitment on the part of the Board to famish water to Lessee on a permanent basis, but rather to assist Lessee in supplementing Lessee's own supplies by the leased water from the District for a temporary period from January 1, 2007 through March 31, 2008. 8. Water Availability/Jtelease. The District represents that the annual assessments on the Twin Lakes shares have been paid and that 6.18 acre-feet of the water derived from the shares