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THIS WATER L SE is made and entered into this IL-_ day ,rty4 <br /> 199Sf, by and botwce .ITY OF LOV ELAND,COLORADO�..rado Iconic rule <br /> »Iunicipu►ity, Whose ss is 500 East Third Street, Loveland,C o 80537 ("City") and <br /> mild; ,�ylf � rw f_S,_s'y�•w mse addrosa is 9 t /P • e <br /> WITNESSETH: <br /> WHEREAS. Lessee desires to acquire augmentation water for a temporary substitute <br /> supply plan submitted to the State of Colorado Division of Water Resources on _ 01 <br /> fit the direction of the Office of the State Engineer for the purpose of augmenting certain wells, <br /> ponds or pumps along the Big Thompson River;and <br /> WHEREAS,the City is the owner of certain water which may he used for purposes of <br /> auttinenlation; and <br /> WHEREAS, the City is willing to lease,on a temporary basis, a portion of its water <br /> which may include,but is not limited to WLtdy Osp re-use water or water stored in the Lovciaird <br /> Storage Reservoir(commonly known as Green Ridge Glade Reservoir) under the leans and <br /> conditions of the Transfer Decree entered in Case No. 82CW202A,or CDT water,to Lessee on <br /> the term% and conditions set forth herein, <br /> NOW,THEREFORE, in consideration or lie mutual covenants and agreements herein <br /> contained,tho parties agree as follows: <br /> I. The City shall supply to l� acre feet of water per yciu to Lessee for <br /> Lessee's lemporary substitute cupbly!III) <br /> for a period of ycar(s)commencing January 1, 1 1 elk <br /> and ending December 3l, -) 00/. <br /> 2. Regardless of water supply source, Lessen shall pay City the grculcr of S <br /> per acre foot of water,or the per acre foot rate established by the Nortliein Colorado Water <br /> Conservancy District for the operation,inafntenanee and power costs for Windy Gap water, for <br /> each acre foot of water fumished by the City pursuant to this Lease,plus five(S)percent of the <br /> total for administrative costs,pot year. <br /> 1 The annual lease payment shall be paid by Lessee once pm yeat,no later than <br /> April I of each year,based on Lessee's approved temporary substitute supply plan or as directul <br /> by the River Conunissionor or the Offtca of the Stato Engineer. In the event Lessee uses moire <br /> water in wry your than that approved in Lessee's tempontry substitute supply plan or as required <br /> by the State.the City shall bill Lessee for such excess water usage at the rate established pursuant <br /> to paragraph 2 of this Lease and Losseo shall pay said amount to City within fifteen days of the <br /> Cily's hill, <br /> 4. In the event the City has an urgent need for water,as determined in the sole <br /> discretion of die City. for reasons Including,but not limited to,drought.the City may terminate <br /> (liis Lease. The rily will endeavor to give Lessee thirty(30)days notice of such lemrinotion, but <br /> shall not he required to do so. In the evens of such termination, Lessee shall be liable to pay the <br /> City for augmentation water received to the effoclive date of termination. City ghall be liable to <br />