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<br />i <br />7.+ <br />AGREEMENT <br />1. P rmanent Lease of AuamentationlReplacement Water. Greeley hereby f± <br />leases to Lafarge 125 acre-feet (AF) of water temporarily or permanently approved fbi: <br />augmentation and replacement purposes ("Augmentation Water") per year under a <br />permanent lease as shown in Exhibit B, Deliveries shall commence during the month ii - . : . <br />which this agreement becomes effective. Lafarge may request to vary monthly t' - <br />Augmentation Water deliveries for the next April 1 through March 31 period (Lease y <br />Year) up to an amount equal to 125 percent of the monthly deliveries shown in Exhibit !A- . <br />by notifying Greeley by January 1 of the prece&g Lease Year, provided that no mole <br />than 125 AF of water shall be.delvered during any Lease Year, and that a minimum of `t j <br />77 AF of water shall be delivered during any April-October period. Greeley shall releasb ' <br />and measu7re such water at Greeley's reasonable discretion at one of the following s= <br />locations: a) Greeley Water Pollution Control Facility 4utfall located on the Cache la <br />Poudre River; b) JBS Swift industrial wastewater treatment plant outfail on Lono Tree 'i <br />Creelq c) confluence of 35th Avenue Drainage-Ditch and Cache la PoudreRiver, or any; • j <br />augmentation station/release structure(s) to be constructed in the vicinity of such <br />confluence and associated with Greeley's operation of reservoirs known as,Flatiron <br />Reservoir Nos. 1-5 (aka Poudre Ponds at Greeley or Greeley Nest Pit) or, as described rye; <br />below, with lined gravel pit reservoir storage to be constructed on the 35th Avenue Pit <br />Site as Lafarge may expand such site onto adjacent property in the future; d) as described <br />in more detail below, an augmentation station/release structure located under the Boyd F _ <br />and Freeman, Ditch and approved by the Division of Water Resources for such purpose <br />-(the "Boyd and Freeman Augmentation Station"); e) release stmctu.ms f oin Greeley <br />Canal No. 3 as described in Greeley's decree, in Case No. 99CW232; or f) any other <br />release and measurement point approved by Lafarge in writing in its reasonable <br />discretion. Unless otherwise agreed, Lafarge shall be responsible for any transmission <br />losses charged by the Division of Water Resources following the release and <br />measurement of such water, and for obtaining any necessary approvals of the use of suc3i <br />water for Lafarge's purposes. Each party shall be solely responsible for•maintenauce; <br />repair and replacement of all structures owned by them respectively, including without <br />limitation all costs and expenses thereof. ; r <br />2. Use and sianment. Augmentation Water leased under this Agreement . <br />may only be used for dust suppression, gravel washing, or other water uses associated ' <br />with sand and gravel mining, or for evaporation loss replacement. This lease may be I <br />assigned in whole or in part by Lafarge upon Greeley's written consent, provided that a.)., <br />Greeley will not unreasonably withhold consent to any-assitgnttient for water uses <br />associated with sand and, gravel mining; b) Greeley will not unreasonably withhold {:- <br />consent to as assignment solely for evaporation loss replacement following oomgletionof <br />mining reclamation upon the assignee's agreement to pay a one-time storage and, <br />pumping fee of $3 600 per AF, adjusted by the Denver area Consumer Price Index frow" <br />the effective date hereof to the date'of assignment; and c) Greeley may withhold conserii: <br />to any assignment to another governmental entity in its sole discretion. r" <br />2 _ ;