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Sep. 17. 2009 9: 27AM <br />No. 1831 P. 3 <br />WHEREAS, Star Ready Mix wishes to lease such water for delivery from November <br />2009 to March 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 Star Ready Mix and <br />to consent thereto pursuant to Resolution No, 8--94 and all four staffs have clone so; <br />NOW THEREFORE, in consideration of the mutuaI promises and covenants of the <br />Parties hereto, it is agreed as follows: <br />1. Platte River will lease to Star Ready Mix a portion of its current balance in Fossil <br />Creek Reservoir, a quantity of approximately 4.97 in November 2009,1!,.25 acre feet <br />in December 2009,72 acre feet in January 2010, 3.88 acre feet in February 2010, and <br />5.3 acre feet in March 2010 for a total of 16.12 acre feet of reusable water, to be <br />delivered from Fossil Creek Reservoir, This release will be coordinated by the <br />Poudre River Water Coxnrnissionex with review and concurrence by North Poudre. <br />The poudre River Water Commissioner will determine the actual amount of water <br />presently held by Platte River in the Fossil Creek Reservoir that is delivered to Star <br />Ready Mix and payment will be made on the actual amount delivered. <br />2. The water leased to Star Ready Mix is for the exclusive use by Star Ready Mix and <br />shall not be leased or conveyed to others except by written permission from Platte <br />River. <br />3. The cost of the lease water shall be $119 (ONE HUNDRED NINETLl3N DOLLARS) <br />per acre--foot. Payment will be made by Star Ready Mix thirty (30) days from the <br />date of billing. This payment shall be nonrefundable and is not contingent upon <br />Star Ready Mix's actual usage of the water. <br />4. The Delivery Point of the water leased to Star Ready Mix shall be the outlet of <br />fossil Creek Reservoir. Star Ready Mix shall bear any losses associated with <br />conveyance of the water from the Delivery Point to any location where Star Ready <br />Mix may use the water. <br />5. Platte River makes no warranties concerning the quality of the leased water nor the <br />purposes for which the leased water Is suitable. <br />6. This instrument represents the complete agreement of the Parties and no oral <br />modification shall be recognized. Any amendments or additions shall be in <br />writing. <br />7. The terms and provisions of this lease are binding upon the Parties, their <br />successors and assigns. <br />8. The Water Lease shall be effective upon the date shown below. <br />DATED this .2, day of September, 2009. <br />PLA RIVER POWER UTHORITY STAR READY MIX, INC." <br />earer <br />By <br />eneral 1 <br />Manager President`