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AGREEMENT <br />f <br />1. Fermanent Lease of Augmentation/R.eplacement Water. Greeley hereby f <br />leases to Lafarge 125 acre-feet (AF) of water temporarily or permaniently approved for..' <br />augmentation and replacement purposes ("AugmentationWater") per year under a <br />permanent lease as shown in Exhibit B. Deliveries shall commence during the month iris ' <br />which this agreement becomes effective. Lafarge may request to vary monthly r' - <br />Augmentation Water deliveries for the next April 1 through March 31 period (.ease ti . <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 time preceding Lease Year,.provided that no more ? •' ' ' _ ? <br />Um 125 AF of water shall be delivered during any Lease year,. and that aminimum of,;: i <br />77 AF of water shall be delivered during any April-October period. Greeley shall releasb ' <br />and measure such water at Greeley's reasonable discretion at one of the following <br />locations: a} Greeley Water Pollution Control Facility Outfall located on the Cache 1a j <br />Poudre River; b) 313,S Swift i ndustriat wastewater treatment plant outfall on Lone Tree:.., Creek; c confluence of 35th Avenue Drainage'Ditch and Cache la poudre'River, or ar?yr °• <br /> j <br />augmentation station/release structure W to be constructed in the vicinity of such <br />confluence and associated with Greeley's operation of reservoirs ]mown as,Rlatiron ' <br />Reservoir Nos. 1-5 (aka Poudre Ponds at Greeley or Greeley West Pit) or, as described ?_; <br />bela??, 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 />M more detail below, an augmentation station/relmse stricture located under the Boyd ` r <br />and Freezuan. Ditch and approved by the Division of Water Resources for such purpose.; <br />(the "Boyd and Freeman Augmentation Station! e) release structures from C3mley <br />Canal No. 3 as described in Greeley''s decree, in Case No. 99CW232; or fl any other <br />release and measurement point approved by Lafarge in wmt3ng in its reasonable ?:. _ . <br />discretion. Unless. otherwiise 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 sushi <br />water for Lafarge's purposes: Each party shall be solely responsible for•maintenance; <br />repair and replacement of all structures owned by there respectively, including without <br />limitation all costs and expenses thereof. i <br />2. Use and Assium„ ent. 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 <br />assigned in whole or In part by Lafarge upon Greeley's written consent, provided that a). i <br />Greeley will not unreasonably withhold consent to any-assignment for water uses <br />associated with sand and gravel mining; b) Greeley will not unreasonably withhold <br />consent to an assignment solely for evaporation loss replacement following completion _ f <br />mining reclamation. upon the assignee's•agreement to pay a one-time storage and. <br />pumping fee of $3600 per AF, adjusted by the Denver area Consumer Price Index froxzi: <br />the effective date hereof to the date'of assignment; and c) Greeley may withhold conse <br />to any assignment to another governmental entity in its sole discretion." <br />2 i