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• recognize that, simultaneously with the ?Q hundred acre feeteof <br />the City has leased the right to receive and that <br />its Fully Consumable Water to Coulson Bxcavating Company <br />the City may, in the future, lease additional portions of its .• <br />Fully Consumable Water to persons other than Lessee. The <br />Lessee'e•right to receive two hundred acre feet of the City's <br />Fully Consumable Water pursuadt to this.Leaae shall be equal to <br />the right of Coulson Bxcavating company to receive its one <br />hundred acre feet of Fully Consumable Water such that in the <br />event less than •three hundred acre feet. of Fully Consumabla Water <br />is available in any year, Lessee and Coulson Excavatipg Company <br />shall each be entitled to receive a. proportionate share of the <br />available Fully Consumable Water. The right of Lessee to receive. <br />two hundred acre feet of the City's Fully Consumable water under <br />this Lease shall be deemed'to be a first right relative to all <br />• other8, such that in the event the available Fully Consumable <br />Water- ih-any Year - is- in -excess of three hundred acre feet but is <br />not sufficient to meet the needs Of all persorie holding: leases- of- <br />Fully Consumable Water, sfrom the receive up two <br />hundred acre feet allotment <br />feet of Fully Consumable Water available: <br />3. In consideration of the right to receive the Leased <br />water, Lessee shall, upon execution of. this Lease, pay City the <br />sum of 'Four Hundred Forty Thousand and 00/100 ($ 440,000.00) <br />Dollars in certified funds. By entering into this Lease with the <br />Lessee, the City is and shall be under no obligation to file an <br />application fco cerrn?ingethe water Water by the <br />augmentation <br />,,,Lessee . <br />'The dity shall not be.responsible for the implementation of <br />any f"•emporary.substitute •supply plan or augmentation plan <br />cgoncerning the use of the Leased Water. The cost and expense of <br />any such proceeding shall be that of the Lessee. The City agrees <br />to. furnish sufficient Leased Water so that, •subject to the <br />provisions of this Agreement, .the net usable first use or <br />subsequent use ratter obtained -by the Lessee shall be 200 acre <br />feet. The City shall not be obligated to deliver Leased. Water to <br />-Lessee unless Lessee shall have first provided written notice to <br />the City that Leased Water will be required in a given year by <br />Aptil 1 of the preceding year. <br />The City shall deliver the Leased Water under his Lease in <br />a total annual quantity as specified by the Lessee and <br />specific monthly delivery times and in specific monthly <br />quantities according to the evaporation table, attached hereto as