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1998-10-15_REVISION - M1985026
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1998-10-15_REVISION - M1985026
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Last modified
3/12/2021 12:58:12 PM
Creation date
11/21/2007 12:49:15 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1985026
IBM Index Class Name
Revision
Doc Date
10/15/1998
Doc Name
APPLICATION FOR SUBSTITUTE SUPPLY PLAN FOR CHALLENGER PIT DMG M85-026
From
TUTTLE APPLEGATE INC
To
STATE ENGINEERS OFFICE
Type & Sequence
AM1
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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recognize that, simultaneously with the execution of this Lease, <br /> the City has leased the right to receive two hundred acre feet of <br /> its Fully Consumable Water to Loveland Ready Mix and that the <br /> City may, in the future, lease additional portions of its Fully <br /> Consumable Water to persons other than Lessee. T Lessee' s <br /> right to receive one hundred acre feet of the City' s Fully <br /> Consumable Water pursuant to this Lease shall bee al to the <br /> right of Loveland Ready Mix to receive its two hundred acre feet <br /> of Fully Consumable Water such that in the event 1 se than three <br /> hundred acre feet of Fully Consumable water is available in any <br /> year, Lessee and Loveland Ready Mix shall each be nti.tled to <br /> receive a proportionate share of the available Ful y Consumable <br /> Water. The right of Lessee to receive one hundred acre feet of <br /> the City' s Fully Consumable Water under this Lease shall be <br /> deemed to be a first right relative to all others, such that in <br /> the event the available Fully Consumable Water in any year is in <br /> excess of three hundred acre feet but is not suffi ient to meet <br /> the needs of all persons holding leases of Fully Consumable <br /> Water, Lessee shall receive up to its entire one himdred acre <br /> feet allotment from the first three hundred acre feet of Fully <br /> Consumable Water available. <br /> 3 . In consideration of the right to receive the Leased <br /> Water, Lessee shall, upon execution of this Lease, pay City the <br /> sum of Two Hundred Twenty Thousand and 00/100 ($ 2 0, 000 . 00) <br /> Dollars in certified funds. By entering into this Lease with the <br /> Lessee, the City is and shall be under no obligation to file an <br /> application for a change of water rights or fora Ilan of <br /> augmentation concerning the use of the Leased Watex by the <br /> Lessee. <br /> The City shall not be responsible for the imp ementation of <br /> any temporary substitute supply plan or augmentati n plan <br /> concerning the use of the Leased Water. <br /> The City shall deliver the Leased Water under this Lease in <br /> a total annual quantity as specified by the Lessee and at <br /> specific monthly delivery times and in specific monthly <br /> quantities according to the evaporation table, attached hereto as <br /> Exhibit A, or as otherwise agreed by the City and the Lessee in <br /> writing. In no event shall the monthly deliveries exceed the <br /> monthly amounts shown on Exhibit A unless hereafter agreed in <br /> writing by the City and the Lessee. <br /> The Lessee shall not have the right to carryover from month <br /> to month or from year to year any Leased water whit was -- <br /> deliverable, but not requested for delivery, in a prior time <br />
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