Laserfiche WebLink
LEASE AGREEMENT <br />THIS LEASE AGREEMENT (hereinafter "Lease") is entered into this 8 day <br />of RpRj i1 , 2010, by and between the City and County of Broomfield, a Colorado <br />Municipal Corporation and County (hereinafter "Broomfield ") and Pioneer Sand Company, Inc., <br />a Colorado corporation (hereinafter "Pioneer "). Broomfield and Pioneer agree as follows: <br />l . Leased Water. Broomfield hereby agrees to lease to Pioneer the water rights described <br />as follows: 16.96 acre -feet, plus 3.74 acre feet to cover transit losses, for a total of 20.70 acre -feet <br />of Broomfield's Windy Gap effluent (the "Leased Water ") to be delivered and measured at the <br />Broomfield Wastewater Reclamation Facility on Big Dry Creek, at or near a point described as <br />follows: commencing at the center of Section 32, Township 1 South, Range 68 West of the 6` <br />Principal Meridian,, whence the East one - quarter section corner of said Section 32 bears South <br />89 °46'32" East a distance of2,646.68 feet, said line forming the basis of bearings for this description, <br />thence South 69 °09'23" East, a distance of 1,006.42 feet to the Broomfield Discharge Diversion <br />Point, whence said East one - quarter comer bears North 78°28'47" East, a distance of 1,741.17 feet, <br />in the City and County of Broomfield, Colorado. The GPS location has been determined by a GPS <br />handheld device to be: Easting: 498202, Northing: 4418700, Lat: 39 deg 55 min 13 sec, Long: 105 <br />deg 01 min 16 sec. Pioneer agrees that the Leased Water is suitable, both legally and physically, for <br />Pioneer's intended use. Pioneer shall bear any and all stream and/or carriage losses incurred and /or <br />assessed below the point of delivery described in this paragraph. <br />2. Term. This Lease shall be for a term of one (1) year commencing on September 1, 2010 <br />and terminating on August 31, 2011 (the "Term "). The Lease may be further extended for up to <br />20.70 a. f. of Leased Water per year for further successive one (1) year periods upon mutual written <br />agreement of the Parties executed at least 12 months prior to the last day of the Term. <br />3. Lease Price. Pioneer will pay to Broomfield $300.00 per acre -foot, for a total of <br />$6,210.00, plus the percentage change between August 1, 2007 and July 1, 2010, in the Consumer <br />Price Index for Denver - Boulder- Greeley, Colorado - All Urban Consumers, for the Leased Water <br />delivered under this Lease. The Lease Price shall be 5300.00 per acre foot, increased by the <br />percentage change between August 1, 2007 and the July 1 prior to September 1 of each successive <br />one year extension of the Term under paragraph 2, above, in the Consumer Price Index for Denver - <br />Boulder- Greeley, Colorado - All Urban Consumers. Pioneer shall pay the adjusted Lease Price for <br />the Leased Water to Broomfield on or before August 1 for each successive one year extension of the <br />Term under paragraph 2, above. <br />4. Delivery Schedule. On or before July 1, 2010, Pioneer shall provide to Broomfield an <br />estimated monthly schedule for delivery of the Leased Water during the Term. Pioneer shall provide <br />an estimated monthly delivery schedule for the Leased Water to Broomfield on or before July 1 for <br />Page 1 of 5 <br />