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WHEREAS, Bucklen wishes to lease such water for delivery from November 2009 to <br />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 Bucklen and to <br />consent thereto pursuant to Resolution No. 8-94 and all four staffs have done so; <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 Bucklen a portion of its current balance in Fossil Creek <br />Reservoir, a quantity of approximately 3.35 acre feet in November 2009, 1.27 acre <br />feet in December 2009, 1.22 acre feet in January 2010, 3.17 acre feet in February <br />2010, and 4.40 acre feet in March 2010 for a total of 13.41 acre feet of reusable water, <br />to be delivered from Fossil Creek Reservoir. This release will be coordinated by <br />the Poudre River Water Commissioner with review and concurrence by North <br />Poudre. The Poudre River Water Commissioner will determine the actual amount <br />of water presently held by Platte River in the Fossil Creek Reservoir that is <br />delivered to Bucklen and payment will be made on the actual amount delivered. <br />2. The water leased to Bucklen is for the exclusive use by Bucklen 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 Bucklen thirty (30) days from the date of <br />billing. This payment shall be nonrefundable and is not contingent upon Bucklees <br />actual usage of the water. <br />4. The Delivery Point of the water leased to Bucklen shall be the outlet of Fossil Creek <br />Reservoir. Bucklen shall bear any losses associated with conveyance of the water <br />from the Delivery Point to any location where Bucklen 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 2.2. day of September, 2009. <br />PLATTE RIVER POWER AUTHORITY <br />RV: <br />e4 al Manager <br />BUCKLEN EQUIPMENT CO, INC. <br />7 <br />By; a 'i, &. <br />President