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2013-01-10_HYDROLOGY - M1994027
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2013-01-10_HYDROLOGY - M1994027
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Last modified
8/24/2016 5:11:56 PM
Creation date
1/11/2013 8:17:31 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1994027
IBM Index Class Name
HYDROLOGY
Doc Date
1/10/2013
Doc Name
SWSP- Combined
From
OSE
To
Applegate Group, Inc.
Permit Index Doc Type
Hydrology Report
Email Name
PSH
Media Type
D
Archive
No
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12. During the term of this Lease, 'Westminster may, but is not required, seek to change <br />the use of the BDC Shares to municipal uses, Al agrees that it will not oppose, but will cooperate <br />with the City, any actions filed m the water court or adllllnistlative Or other proceedings for approval <br />of the City's request for a change of use of the BDC Shares, including, but not limited to, an <br />application involving a change of water light, alternate point of diversion, appropriative rights of <br />exchange or other water court applications involving the BDC shares. <br />13, The terms of this Water Lease shall be binding on any successors and assigns, subject <br />to the following additional provision. Notwithstanding the provisions of this paragraph and <br />paragraph 6, above, Westminstei may terminate this lease upon sale of the BDC Shares to a third <br />party. In such circumstances, Westminster will make a good faith effort to replace the amount and <br />tinting of the consumptive use yield associated with the BDC Shares with alternate sources of fully <br />consumable water acceptable to Al during what would have been the remaining term of this lease <br />under paragraph 6, above. <br />14, This \Vaten Lease constitutes the entire agreement between Westminster and AI <br />concerning the provision of water by Westminster to AI derived from the I3DC Shares, and all prior <br />negotiations, representations, writings, understandings, or agreements pertaining to the provision of <br />water by Westminster to Al derived from the BDC Shares are superseded by this Water Lease. <br />15. If any covenant, term, condition, or provision of this Water Lease shall for any reason <br />be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, <br />condition, or provision shall not affect any other provision contained in this Water Lease. The <br />intention of Westminster and AI is that all provisions hereof are severable. <br />CITY OF WESTMINSTER <br />1N1 <br />Nancy McNgil , Mayor <br />Attest: <br />City Clerk <br />4 <br />Approved as to Legal Fornl: <br />z / � <br />City Attorney's Office <br />r' <br />
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