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WATER LEASE <br />THIS WATER LEASE is by and between Loloff Construction, Inc. ( "Loloff') and the <br />Platte River Power Authority ( "Platte River") sometimes collectively referred to as "the <br />Parties ". <br />WITNESSETH <br />WHEREAS, Platte River is a party to an "Agreement for the Reuse of Water for Energy <br />Generation ", ( "Reuse Agreement ") among the City of Fort Collins ( "the City"), Water Supply <br />and Storage Company, and Platte River dated August 10,1978; and <br />WHEREAS, the Reuse Agreement, among other things, conveys to Platte River the <br />right to receive reusable water delivered by the City; and <br />WHEREAS, Platte River is a party to an Agreement ( "North Poudre Agreement") with <br />the North Poudre Irrigation Company ( "North Poudre") dated November 15, 1979 and <br />amended on September 10, 2009, which grants Platte River the right to convey waters <br />through North Poudre's Fossil Creek Inlet and to temporarily store waters to which Platte <br />River is entitled in North Poudre's Fossil Creek Reservoir, and <br />WHEREAS, reusable water available to Platte River is used primarily for cooling <br />water for the Rawhide Energy Station, but Platte River may have, from time to time, surplus <br />reusable water temporarily available in Fossil Creek Reservoir; and <br />WHEREAS, the Platte River Board of Directors, in Resolution No. 25 -09, has <br />authorized the "lease or rent, for a term up to ten years, or annually, [of] any unused water <br />which Platte River may receive through the Reuse Agreement to entities within the Northern <br />Colorado Water Conservancy District and /or its Municipal Subdistrict in the following <br />priorities: <br />(a) First, with equal priority, to the municipalities of Estes Park, Fort Collins, <br />Longmont and Loveland for their use or use in their water lease <br />programs; <br />(b) Second, to other entities within the Municipal Subdistrict and /or the <br />Northern Colorado Water Conservancy District. <br />WHEREAS, Loloff wishes to lease such water for delivery from January 2010 to March <br />2010 and November 2010 to December 2010; and <br />WHEREAS, the water department staffs of Estes Park, Fort Collins, Longmont, and <br />Loveland have been asked to advise Platte River with regard to a lease to Loloff and to <br />consent thereto pursuant to Resolution No. 25 -09 and all four staffs have done so; <br />