Laserfiche WebLink
t <br />S <br />0 <br />recognize that, simultaneously with the execution of this Lease, <br />the City has leased the right to receive one hundred acre feet of <br />its Fully Consumable Water to Coulson Excavating Company and that <br />the City may, in the future, lease -additional portions of its <br />Fully Consumable Water to persons other than Lessee. The <br />Lessee's right to receive two hundred acre feet of the City's <br />Fully Consumable water pursuant to this.Lease shall be equal to <br />the right of Coulson Excavating Company to receive its one <br />hundred acre feet of Fully Consumable Water such that in the <br />event less than three hundred acre feet of Fully Consumable Water <br />is available in any year, Lessee and Coulson Excavating Company <br />shall each be entitled to receive a. proportionate share of the <br />available Fully Consumable Water. The right of Lessee to receive. <br />two hundred acre feet of the City's Fully Consumable Water under <br />this Lease shall be deemed'to be a first right relative to all <br />others, such that in the event the available. Fully Consumable <br />Water in any year is in excess of three hundred acre feet but is <br />not sufficient to meet the needs of all persons holding,leases of <br />Fully Consumable Water, Lessee shall receive up to its entire two <br />hundred acre feet allotment from the first three hundred acre <br />feet of Fully Consumable Water available. <br />3. 'In consideration of the right to receive the Leased the <br />Water, Lessee shall, upon execution of. this Lease, pay City <br />sum of Four Hundred Forty Thousand and 00/100 ($ 440,000.00) <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 for a plan of <br />augmentation concerning the use of the Leased Water by the <br />-Lessee. <br />.'The City shall not be-responsible for the implementation of <br />any temporary substitute supply plan or augmentation plan <br />concerning the use of the Leased Water. The cost and expense of <br />any such proceeding shall be that of the Lessee. The City agrees <br />to. furnish sufficient Leased Water so that, •subject to the <br />provisions of this Agreement, the net usable first use or <br />subsequent use water obtained-by the Lessee shall be 200 acre <br />feet. The City shall not be obligated to deliver Leased Water to <br />Lessee unless Lessee shall have first provided written notice to <br />the City that Leased Water will be required in a given year by <br />April 1 of the preceding year. <br />The City shall deliver the Leased <br />a total annual quantity as specified by <br />specific monthly delivery times and in <br />quantities according to the evaporation <br />Water under this Lease in <br />the Lessee and at <br />specific monthly <br />table, attached hereto as