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'J J <br /> <br />J . <br />AGREEMENT <br />J) <br />1. Permanent Lease of Augmentat{on/Replacement ZaaJM Greeley limbX <br />leases to Lafarge 125 acre-feet (AF) of water temporarily or permanently approved fo& i <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 <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.dolivered during any Lease Year, and that a minimum of F <br />77 AF of water shall be delivered during any April-October period. Greeley shall ieleatr <br />and measure such water at Greeley's reasonable discretion at one ofthe following;, i <br />locations: a) Greeley Water. Pollution Control Facility Outfall located on the Cache la ? <br />Poudre River; b) JBS Swift industrial wastewater treatment plant outfall on one Tree <br />Creek; e) conf luence of 35th Avenue Drainage. Ditch and Cache la Poudre'River, or au <br />augmentation station/release shucture(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 oar Greeley West Pit) or, as described W <br />below, with lined gravel pit reservoir storage to be constructed on the 35th Avenue Pit <br />Site as Lafhrge may expand such site onto adjacent properly in the future; d) as described <br />in more detail below, an augmentation station/release sttvctvre located under the Boyd;„ ; <br />and Freeman Ditch and approved by the Division of Water Resources for such purposes.. <br />-(the !Boyd and Freeman Augmentation Statton"); e) release structures from Greeley <br />Canal No. 3 as described in Greeley's doom in Case No. 99C%232; 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 1 <br />losses charged by the Division of Water Resources following tlie release and <br />measurement of such water, and for obtaining any necessary approvals of the use of suai; <br />water for Lafarge's purposes. Each party shall be solely responsible for. maintenance; <br />.,4 <br />repair and replacement of all structures owned by them respectively, including without <br />limitation all costs and expenses thereof.' <br />2. Use and Assize . 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-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-6f <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 from.`, <br />the effective date hereof to the date'of assignment; and c) Greeley may withhold copse ; <br />to any assignment to another governmental entity in its sole discretion. °r <br />I? <br />I .