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<br /> <br /> <br /> <br />AGREEMENT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />i - <br />Lt l <br /> <br />y <br />1. Permanent Lease of Au&Me_ntation/ftlecan mater. Greeley herebil <br />leases to Lafarge 125 acre-feet (AF) of water temporarily or permanently approved fotSk <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 i.. <br />which this agreement becomes effective. Lafarge may request to vary monthly <br />Augmentation Water deliveries for the next April 1 through March 31 period (Lease <br />Year) up to an amount equal to 125 percent of the monthly deliveries shown in Exhibit.. . <br />by notifying Greeley by January 1 of the preceding Lease Year, provided that no more <br />than 125 AF of water shall be.delivered during any Lease Year, and that aminimum.of <br />77 AF of water shall be delivered during any April-October period. Greeley shall We* <br />and measure such water at Greeley 'a reasonable discretion at one of the following <br />locations: a) Greeley Water Pollution Control Facility butfall located.on the Cache la <br />Poudre River, b) JBS Swift industrial. wastewater treatment plant outfall on Lone Tree <br />Cheek; o) confluence of 351h. Avenue Dxainage.l3itch.and Cache la Poudre°River, or anA. <br />augme tton station/release structure(s) to be constructed in the vicinity of such. <br />confluence and associated with (3reeley's cpe anon of reservoirs known as Flatiron , .. <br />Reservoir Nos, 1-5 (aka Poudre Ponds at Greeley or Greeley West Pit) or, 'as descs iberlOAU <br />below, with. lined gravel pit reservoir storage to be constructed on too 35th Avenue Pit <br />Site as Lat'hrge 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 $oyd"`', <br />and Freeman Ditch and approved by the Division of Water Resources for such purpose <br />(the `Boyd and Freeman Augmentation Station"); a) release structures from oireeley <br />Canal No. 3 as described. in Oreeley's doom in Case No. 99CW232; or f) any other <br />release and measurement point approved by Lafarge in writing in its reaso$able ' i. <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 SA <br />water for Lafarge's purposes. Each party shall be solely responsible formaintenance; <br />repair and replacement of all structures owned by them respectively, including without <br />limitation all costs and expenses thereof. <br />2. Use and Assigru 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). <br />Greeley will not unreasonably withhold consent to any-assignment for water uses.: <br />associated with sand and gravel mining; b) Greeley wi11 not unreasonably withhold <br />consent to an assignment sorely for evaporation loss replacement following comgletion?f <br />mining reclamation: upon the assignee's agreement to pay a onetime storage and <br />pumping fee of $3600 per AF, adjusted by the Denver area Consumer Price Index fromi <br />the effective date hereof to the date'of assignment; and c) Greeley may withhold consent <br />to any assignment to another governmental entity in its sole discretion. ' <br />2 <br />t <br />} <br />i <br /> <br /> <br /> <br />I