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RESOLUTION NO. 64 SERIES 2024 A RESOLUTION APPROVING AN AGREEMENT FOR LEASE OF COLORADO-BIG THOMPSON WATER WHEREAS, the City and Fresca Holding Company, LLC ("Fresca") are parties to a Water Tap Expansion Agreement ("WTEA") concerning Fresca's use of municipal water at a unit of property located at 1775 Cherry Street, Louisville, Colorado (the "Property"); and WHEREAS, the WTEA requires Fresca to procure supplemental water for use in the City's water system to counterbalance the temporary increase in annual water demand during the remainder of Fresca's tenancy of the Property, which such supplemental water may be provided through a lease of Colorado Big Thompson ("C-BT") Project water; and WHEREAS, the parties have identified four (4) Acre Foot Units of C-BT Project water available to lease to the City, and a lease agreement has been prepared for such purpose; and WHEREAS, by this resolution, the City Council desires to approve the lease agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The City Council hereby approves the Agreement for Lease of Colorado -Big Thompson Project Water (the "Lease"), by and between the City of Louisville and Christen and Kyle Kolb, in essentially the same form as the copy of such Lease that accompanies this resolution. Section 2. The Mayor is hereby authorized to execute the Lease on behalf of the City, and the Mayor is hereby further authorized to negotiate and approve such revisions to the Lease as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of such instruments are not altered. PASSED AND ADOPTED this 17th day of December 2024. ATTEST: G. Genny Kline, Interim City Clerk Christopher't/I. Leh, Mayor Resolution No. 64, Series 2024 Page 1 of 1