Laserfiche WebLink
WATER SUPPLY AGREEMENT <br />This WATER SUPPLY AGREEMENT ( "Agreement ") is made and entered into this <br />3 yd day of Nn u t" avi i; t' 2011, by and between the City of Longmont, a municipal <br />corporation organized under the laws of the State of Colorado and acting by and through its <br />Water Utility Enterprise ( "Longmont "), whose address is 1100 South Sherman Street, Longmont <br />Colorado, 80501, and Asphalt Specialties Co., Inc., a Colorado corporation, whose mailing <br />address is 10100 Dallas St., Henderson, CO 80640 ( "Customer "). Longmont and Customer may <br />sometimes be referred to herein individually as a "Party" or collectively as "Parties." <br />RECITALS <br />A. Longmont, a home rule municipality in Boulder County, Colorado, duly <br />organized and existing under Article XX of the State Constitution, acting on behalf of its water <br />utility enterprise, is authorized, pursuant to Sections 1.2, 1.3 and 11.1 of Longmont's Home Rule <br />Charter and Section 31 -15 -101, et seq., C.R.S., as amended, to acquire, hold, lease and dispose <br />of real and personal property, including water and water rights. <br />B. Longmont owns water, water rights, or water credits in the St. Vrain Creek basin <br />that are fully consumable. <br />C. Longmont and Customer desire to enter into this Agreement to provide water to <br />be supplied by Longmont to Customer. <br />D. Pursuant to City Council Resolution, Longmont's Director of Public Works and <br />Water Utilities, or the Director's designee, is authorized to enter into and execute water rights <br />leases or raw water supply agreements, at the then- current rental market rates for agricultural and <br />other uses, or exchange agreements by which the City obtains water of equal or greater value, of <br />one year or less. <br />AGREEMENT <br />Now, therefore, in consideration of the foregoing recitals, and mutual covenants and <br />agreements herein, and for other good and valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged, the Parties agree as follows: <br />1. Supply. Longmont hereby agrees to provide to Customer 16.0 acre -feet of fully <br />consumable water (the "Subject Water "). The Subject Water may be selected and delivered by <br />Longmont, in its discretion, from various sources including reusable effluent, water stored in <br />Union Reservoir, other fully consumable water controlled by Longmont or water from any other <br />source, provided the Subject Water shall be usable by Customer for its stated purpose. <br />L:\FR1EDLAN\My Documents LlWater- Wastewater\Asphalt Specialties Short Term WSA 2011- 12.docl0/2S/1110/28/11 <br />Page 1 of 7 <br />