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<br />NOW TMREFORE, in consideration of the mutual promises and covenants of the <br />Parties hereto, it is agreed as fbHows: <br />1. Platte River will lease to Loloff Construction a portion of its current balance in <br />Fossil Creek Reservoir, a quantity of approximately 13 acre feet in January 2011, <br />13 acre feet in February 2011, 1A acre feet in March 2011,25 acre feet in November <br />2011, and 2.0 acre feet in December 2011 for a total .of 8.5 acre feet. of reusable <br />water, to be delivered from Fossil Creek Reservoir. This release will be <br />coordinated by the Poudre River Water Commissioner with review and <br />concurrence by North Poudre. The Poudre River Water Commissioner will <br />determine the actual amount of water presently held by Platte River in the Fossil <br />. <br />Creek Reservoir that is delivered to Loloff Construction and payment will be made' <br />on the actual amount delivered. (}11 & 6WS &q SmVje& b U*Awe" (0V1A41,0K5, <br />2. The water leased to Loloff Construction is for the exclusive use by. Loloff <br />Construction and shall not be leased or conveyed to others except by written <br />permission from Platte River. - <br />3. The cost of the lease water shall be $119 (ONE HUNDRED NINI3TEEN DOLLARS) <br />per acre-foot. Payment will be made by Loloff Construction thirty (30) days from <br />the date of billing. This payment shall be nonrefundable and is not contingent <br />upon Loloff Construction's actual usage of the water. <br />4. The Delivery Point of the water leased to Loloff Construction shall be the outlet of <br />Fossil Creek Reservoir. Loloff Construction shall bear any losses associated with <br />conveyance of the water from the Delivery Point to any location where Loloff <br />Construction may use the water. <br />5. Platte River makes no warranties concerning the quality of the leased wafter 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 />Avembw <br />DATED this 14 day of Oe , 2010. <br />PLATTE RIVER POWER AUTHORITY <br />General Manager <br />OWL <br />AMOO ? <br />Tom