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Resolution 2024-20
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Resolution 2024-20
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Last modified
10/16/2024 11:11:48 AM
Creation date
5/9/2024 11:50:25 AM
Metadata
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Template:
City Council Records
Also Known As (aka)
Water Lease Agreement Schultz and Three Leave Farm LLC
Meeting Date
5/7/2024
Doc Type
Resolution
Signed Date
5/7/2024
Ord/Res - Year
2024
Ord/Res - Number
20
Document Relationships
Resolution 2024-63
(Cross-References)
Path:
\CITY COUNCIL RECORDS\TOWN SEAL (40.150)
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19. Requests for Subsequent Lease Terms. Prior to entering into this Lease, the Lessor <br />determined, based upon its present understanding of its current water supplies and the historical <br />availability of water to its various sources of supply, that it will not need the water that is the <br />subject of this Lease during the term of the Lease to supply the inhabitants or customers of the <br />Lessor. The Parties to this Lease recognize, however, that the water supply for the Lessor and its <br />water customers is dependent upon sources from which the supply is variable in quantity and <br />beyond the control of the Lessor. <br />19.1. While it is the Lessor's purpose to maintain a water supply adequate to meet the <br />needs of the Lessor's customers for water supply and to permit it to supply other <br />temporary contract customers, there are many elements that make it uncertain <br />whether the water supply can always be adequate for all such users. <br />20. Assignment. The Lessee agrees to not to sell, lease, give, sublease, assign, or otherwise <br />provide any portion of the Lessor's Water Rights to any other person or entity without the <br />express written consent of the Lessor. The Lessee shall not encumber or pledge the Lessor's <br />Water Rights for any purpose. <br />21. Heirs, Successors and Assigns. The reservations, covenants and restrictions and the <br />rights, duties and obligations stated and declared herein shall be binding upon and shall inure to <br />the benefit of and shall be a burden upon the successors and assigns of the Parties and shall be <br />enforced by each Party against any of the other Parties. <br />22. Notice: All notices to be given with respect to this Lease shall be in writing. Each notice <br />may be sent by United States mail, first class postage prepaid, to the Party to be notified at the <br />address set forth herein or at such other address as either Party may from time -to -time designate <br />in writing, or sent to the email addresses provided by each parry. Every notice shall be deemed to <br />have been given at the time it shall be deposited in the United States mail in the manner <br />prescribed herein, or sent by email. Nothing herein shall be construed to preclude personal <br />service of any notice in the manner prescribed for personal services of a summons or other legal <br />process. <br />All notices required to be given to the Lessor hereunder shall be delivered to: <br />Cory Peterson <br />Deputy Director of Utilities <br />City of Louisville <br />749 Main Street <br />Louisville, Colorado 80027 <br />cpetersonna?louisvilleco.aov <br />or at such other address as the Lessor may direct in accordance with this paragraph. <br />All notices required to be given to the Lessee hereunder shall be delivered to: <br />Jay and Kristen Schultz <br />355 Orion Circle <br />Erie, CO 80516 <br />Page 5 of 9 <br />
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