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recognize that, simultaneously with the execution of this Lease,' <br />the City has leased the right to receive two hundred acre feet of <br />its Fully Consumable Water to Loveland Ready Mix and that the <br />City may, in the future, lease additional portions of its Fully <br />Consumable Water to persons other than Lessee. The Lessee's <br />right to receive one hundred acre feet of the City's Fully <br />Consumable Water pursuant to this Lease shall be equal to the <br />right of Loveland Ready Mix to receive its two hundred acre feet <br />of Fully Consumable Water such that in the event less than three <br />hundred acre feet of Fully Consumable Water is available in any <br />year, Lessee and Loveland Ready Mix shall each be entitled to <br />receive a proportionate share of the available Fully Consumable <br />Water. The right of Lessee to receive one hundred acre feet of <br />the City's Fully Consumable Water under this Lease shall be <br />deemed to be a first right relative to all others, such that in <br />the event the available Fully Consumable Water in any year is in <br />excess of three hundred acre feet but is not sufficient to meet <br />the needs of all persons holding leases of Fully Consumable <br />Plater, Lessee shall receive up to its entire one hundred acre <br />feet allotment from the first three hundred acre feet of Fully <br />Consumable Water available. <br />3. In consideration of the right to receive the Leased <br />Water, Lessee shall, upon execution of this Lease, pay City the <br />sum of Two Hundred Twenty Thousand and 00 /100 ($ 220,000.00) <br />Dollars in certified funds. By entering into this Lease with the <br />Lessee, the City is and shall be under no obligation to file an <br />'application for a change of water rights or for a plan of <br />augmentation concerning the use of the Leased Water by the <br />Lessee. <br />The City shall not be responsible for the implementation of <br />any temporary substitute supply plan or augmentation plan <br />concerning the use of the Leased Water. The cost and expense of <br />any such proceeding shall be that of the Lessee. The City agrees <br />to furnish sufficient Leased Water so that, subject to the <br />provisions of this Agreement, the net usable first use or <br />subsequent use water obtained by the Lessee shall be 100 acre <br />feet. The City shall not be obligated to deliver Leased Water to <br />Lessee unless Lessee shall have first provided written notice to <br />the City that Leased Water will be required in a given year by <br />April 1 of the preceding year. <br />The City shall deliver the Leased Water under this Lease in <br />a total annual quantity as specified by the Lessee and at <br />specific monthly delivery times and in specific monthly <br />quantities according to the evaporation table, attached hereto as <br />