Laserfiche WebLink
., <br />NOW THEREFORE, in consideration of the mutual promises and covenants of the <br />Parties hereto, it is agreed as follows: <br />1. Platte River will lease to Lafarge a portion of its current balance in Fossil Creek <br />Reservoir, a quantity of approximately 3.0 acre feet in March 2010 and 20.2 acre <br />feet in April 2010 for a total of 23.2 acre feet of reusable water, to be delivered from <br />Fossil Creek Reservoir. This release will be coordinated by the Poudre River Water <br />Commissioner with review and concurrence by North Poudre. The Poudre River <br />Water Commissioner will determine the actual amount of water presently held by <br />Platte River in the Fossil Creek Reservoir that is delivered to Lafarge and payment <br />will be made on the actual amount delivered. <br />2. The water leased to Lafarge is for the exclusive use by Lafarge and shall not be <br />leased or conveyed to others except by written permission from Platte River. <br />3. The cost of the lease water shall be $119 (ONE HUNDRED NINETEEN DOLLARS) <br />per acre-foot. Payment will be made by Lafarge thirty (30) days from the date of <br />billing. This payment shall be nonrefundable and is not contingent upon Lafarge's <br />actual usage of the water. <br />4. The Delivery Point of the water leased to Lafarge shall be the outlet of Fossil Creek <br />Reservoir. Lafarge shall bear any losses associated with conveyance of the water <br />from the Delivery Point to any location where Lafarge 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 ?? D day of December, 2009. <br />PLATTE RIVER POWER AUTHORITY <br />By: <br />General Manager <br />LAFARGE WEST, INC. <br />By: cut4 <br />-- ?"1 <br />Manager of ' ort ment and Public Affairs <br />iT