HomeMy WebLinkAbout20091753.tiffRESOLUTION
RE: APPROVE WATER EXCHANGE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Water Exchange Agreement among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, the Lower Poudre Augmentation Company,
and the New Cache La Poudre Irrigating Company, commencing upon full execution, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Water Exchange Agreement among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, the Lower Poudre Augmentation Company, and the New Cache La
Poudre Irrigating Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of July, A.D., 2009.
BOARD OF C UNTY COMMISSIONERS
WELD OU OLORADO
ATTEST:
Weld County Clerk to the
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ounty Attorney
Date of signature 3I 1
illiam F. Garcia, Chair
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D.uglas adema-her, Pro-Tem
EXCUSED
Se gry P. Conway
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David E. Long
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COLORADO
MEMORANDUM
TO: Esther Gesick, Clerk to the Board DATE: July 24, 2009
FROM: Clay Kimmi, P.E., C.F.M., Public Works
SUBJECT: Water Agreement between the New Cache Ditch
Company and Weld County for the Briggsdale Dust Control Well
The attached agreement needs to be placed on the BOCC Agenda for a 9 am hearing at the
earliest possible convenience.
The agreement is between the New Cache Ditch Company and Weld County for the proposed
Briggsdale Dust Control Well. As the BOCC is aware, Public Works is proposing to construct a
well at our Briggsdale grader station which will be used for dust control, construction, and
emergency response.
State Water law dictates that Weld County must replace our pumping depletions to Crow Creek.
Since Weld County does not own any water rights on Crow Creek, we had to find an entity with
the ability to replace our depletions on Crow Creek. The New Cache Ditch Company has that
ability. Public Works, our water rights engineer, and our water rights attorney worked with the
New Cache Ditch Company, their attorney, and the City of Greeley to write an agreement which
would allow us to replace the depletions and construct the well.
Basically the agreement is a water trade between the County and New Cache. In the
agreement, we agree to provide New Cache with 30 ac -ft of our Greeley Effluent Lease Water in
exchange for 15 ac -ft of their augmentation water. The 2 to 1 ratio is their standard ratio for
doing trades of this nature.
The attached agreement must be signed by the Chairman of the Board before we can submit
our substitute water supply plan and well permit to the State Engineer's Office for approval.
I will plan on attending the BOCC hearing to answer any questions that the Board may have
regarding this agreement and/or the proposed Briggsdale well.
Page I of I
M CI.NWalor Right:a RI iggsdale Waif. BOCC Hearing Memo. doe
2009-1753
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WATER EXCHANGE AGREEMENT
4.4
THIS WATER EXCHANGE AGREEMENT ("Agreement") is entered into"l'�/ day
of 'J u ly , 2009, by and between the Lower Poudre Augmentation Company
("Company"), the New Cache La Poudre Irrigating Company and Weld County,
Colorado ("County"), a body corporate and public (collectively the "Parties").
RECITALS
A. Company owns or has the legal right to use water and water rights that can
be directly delivered to Crow Creek, a tributary of the South Platte River, or delivered to
recharge facilities that the Company owns or has the right to use that can generate
recharge credits that accrue to Crow Creek (herein the water and recharge credits
deliverable to Crow Creek shall be collectively referred to as the "Company Water").
B. County has a need to replace depletions to Crow Creek caused by the
pumping of a well located in the NW1/4 of the NW1/4, Section 28, Township 8 North,
Range 62 West of the 6th P.M. at a distance of 900 feet from the west section line and
350 feet from the north section line ("Briggsdale Well").
C. County leases from the City of Greeley 300 acre feet per year of fully
consumable water decreed for beneficial use(s) that include augmentation use and that
is discharged to the Cache La Poudre River by the City of Greeley pursuant to a lease
between the City of Greeley and County dated November 10, 2004 ("Lease Water").
Pursuant to paragraph 1.9 of the Greeley Lease, County has the right to assign its rights
under the Greeley Lease with the written consent of the City of Greeley.
D. Through this Exchange Agreement the Parties desire to exchange a portion
of their water sources with one another, as more fully set forth herein.
NOW THEREFORE, for and in consideration of the mutual covenants and
agreements stated in the Recitals (which are incorporated herein) and as hereinafter set
forth and the mutual benefits to the Parties to be derived here from, it is hereby agreed
as follows:
ARTICLE I
PLAN OF EXCHANGE
1.1 The Exchange of Greeley Effluent Lease Water.
(a) Source of the Lease Water: County hereby perpetually leases and
assigns to Company 30 acre-feet per year of the Greeley Effluent Lease Water.
(b) Location for Delivery of the Greeley Effluent Lease Water: County
agrees to provide the Greeley Effluent Lease Water immediately below the outfall
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of Greeley's existing wastewater treatment plant located on the south bank of the
lower Cache la Poudre River in the SW1/4 of the SW1/4 of Section 4, Township
5 North, Range 65 West of the 6th P.M.
(c) Schedule for Delivery of the Greeley Effluent Lease Water: County
agrees to provide the Greeley Effluent Lease Water pursuant to the schedule that
Company provides. By November 1 of each calendar year following execution of
this Agreement, the County shall provide the Company a 12 -month schedule
specifying the anticipated pumping requirements. By November 15 of each
calendar year following execution of this Agreement, Company shall submit a 12 -
month schedule to County specifying the anticipated monthly Lease Water
delivery requirements for the upcoming calendar year. In no event shall the
schedule provide for delivery of more than 7.5 acre-feet in any one month without
the express written approval of County. To the extent that specified deliveries for
any year total less than 30 acre-feet, County reserves the right to use the
balance of the unrequested Greeley Effluent Lease Water for its own purposes
during such year. County shall be responsible for providing water to Company in
accordance with the 12 -month schedule provided
(d) Use of the Water. Company intends to use this water as a source
of augmentation water in its plan for augmentation currently pending before the
District Court, Water Division No. 1 ("Water Court") in Case No. 04CW025
("LPAC Plan"). To this end, upon execution of this Agreement, Company intends
to amend its pending application in Case No. 04CW025 to include the Lease
Water as a source of water in the LPAC Plan. County shall be responsible for
obtaining any necessary permission or consent from Greeley for Company to use
the Greeley Effluent Leased Water as contemplated.
1.2 The Exchange of the Company Water.
(a) Source of the Company Water: Company hereby perpetually
leases and assigns to County up to 15 acre-feet per year of Company Water
limited to a maximum of up to 7.5 acre-feet per month.
(b) Location for Delivery of Company Water: Company agrees to
provide Company Water either directly or via recharge accretions to Crow Creek.
For water delivered directly to Crow Creek, water shall be delivered at the point
where the New Cache La Poudre Irrigating Company (a/k/a No. 2 Canal) crosses
Crow Creek in the SW1/4 of the NW1/4 of Section 16, Township 6 North, Range
63 West of the 6th P.M. For water delivered by alluvial recharge, the water must
accrue to Crow Creek at a point above or upstream of the most upstream water
right that must be satisfied to prevent injury as a result of the pumping of the
Briggsdale Well.
(c) Schedule for Delivery of Company Water: Company agrees to
provide Company Water pursuant to the schedule County provides. By
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November 1 of each calendar year (January 1 through December 31) following
execution of this Agreement, County shall submit a 12 -month schedule to
Company specifying the monthly replacement requirements for the upcoming
calendar year. In no event shall the schedule provide for delivery of more than
7.5 acre-feet in any one month without the express written approval of Company.
To the extent that specified deliveries for any calendar year total less than 15
acre-feet, Company reserves the right to use the balance of the unrequested
Company Water for its own purposes during such calendar year. Company shall
be responsible for providing water to County in accordance with the 12 -month
schedule provided but the Parties shall endeavor to be flexible and
accommodate modifications requested by the other party when possible.
(d) Use of the Water. County shall use Company Water for
augmentation and replacement purposes only. Company Water is not currently
legally useable as an augmentation supply for the Briggsdale Well or other
County purposes. County is responsible for making Company Water legally
suitable for its intended purposes. This is likely to necessitate that Company
Water be named as a source of supply in an augmentation plan filed by County.
County agrees that Company may file opposition in any such case filed by
County for the purposes of assuring that the terms and conditions of this
Agreement are maintained and Company's water rights are protected.
1.3 County's Obligation to Deliver Lease Water. County's obligation to deliver
Lease Water under this Agreement is perpetual. In the event County is unable in any
given year to provide Greeley Effluent Lease Water as contemplated in paragraph 1.1.c.
above, Company's obligation to deliver Company Water pursuant to the schedule
contemplated in paragraph 1.2.c. above, shall likewise cease.
1.4 Responsibilities of Parties for Implementing the Exchange. The Parties
agree to communicate and coordinate all operational activities necessary to effectuate
the intent of this Agreement including:
(a) The maintenance of the necessary accounting to operate this
Agreement, both water accounting and financial accounting.
(b) The installation and improvement of structures contemplated in the
Agreement. In particular, County agrees to pay the New Cache La Poudre
Irrigating Company $7500.00 to assist with the installation of a measuring
structure to allow the measurement of water delivered directly to Crow Creek.
1.5 Company's Obligation to Deliver Company Water. Company's obligation
to deliver Company Water under this Agreement is perpetual. Company anticipates
having ample water supplies available each year to supply Company Water. In the
unlikely event that that Company projects that it will not have sufficient water supplies in
any given year to provide to County the Company Water that year, Company shall notify
County of the same and use its best effort to obtain additional supplies to meet said
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obligations. Company may, however, in the event that despite said efforts factor
beyond the reasonable control prevents or delays the Company ability to obtain and/or
deliver Company Water, limit or curtail delivery of Company Water. In the event that
Company is unable in any given year to provide Company Water as contemplated in
paragraph 1.1.c., above, County's obligation to deliver Greeley Effluent Lease Water
pursuant to the schedule contemplated in paragraph 1.2.c., above, shall likewise cease.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF COUNTY
As an inducement to enter into this Agreement and to consummate the
transactions contemplated hereby, and to obtain the reliance of Company, County
represents and warrants to Company as follows:
2.1 Adequacy of Greeley Effluent Lease Water. County warrants that the
Greeley Effluent Lease Water will be fully consumable water decreed for beneficial
use(s) including augmentation use.
2.2 Organization. County is a Colorado body corporate and public.
2.3 Authorization; Enforceability. The execution, delivery and performance of
this Agreement by County and all other agreements to be executed, delivered and
performed by County pursuant to this Agreement (collectively, the "County Exchange
Documents") and the consummation by County of the transactions contemplated hereby
and thereby have been duly authorized by all requisite action on the part of County.
This Agreement and the County Exchange Documents have been duly executed and
delivered by County and constitute the legal, valid and binding obligation of County,
enforceable in accordance with their respective terms, except to the extent that their
enforcement is limited by bankruptcy, insolvency, reorganization or other laws relating
to or affecting the enforcement of creditors' rights generally and by general principles of
equity.
2.4 No Violation or Conflict. The execution and delivery of this Agreement (I)
does not, and the consummation of the transactions contemplated by this Agreement in
accordance with the terms hereof will not, violate any provision of Colorado State Law
and (ii) will not result in the breach of any term or provision of, or constitute an event of
default under, any material indenture, mortgage, deed of trust, or other material
contract, agreement, or instrument to which County is party or to which any of their
properties or operations are subject, other than instruments or agreements as to which
consent shall have been obtained at or prior to the Closing.
2.5 Party is a Governmental Entity. This Agreement is entered into pursuant
to sections 29-1-201 through 203, C.R.S. County is a political subdivision of the State
of Colorado within the meaning of section 29-1-202(2), C.R.S., and therefore is a
government within the meaning of section 29-1-202(1).
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2.6 Appropriation of Funds by County. Any and all financial obligations of
County under this Agreement are expressly subject to appropriation of funds by the
Board of County Commissioners. In the event funds are not appropriated in whole or in
part sufficient for performance of County's obligations under this Agreement, or
appropriated funds may not be expended due to County spending limitations, then all
rights and obligations of County under this Agreement shall terminate, and County shall
thereafter have no liability for compensation or damages to Company. County shall
notify Company as soon as reasonably practicable in the event of non -appropriation or
in the event a spending limitation becomes applicable.
2.7 Absence of Certain Changes or Events. As of the date of execution of this
Agreement, County has not made or permitted any amendment or termination of its
Greeley Lease.
2.8 Title and Related Matters. County has a valid leasehold interest in the
Lease Water.
2.9 Litigation and Proceedings. Regarding County's lease of Lease Water,
there are no actions, suits, proceedings, or investigations pending or, to the knowledge
of County, threatened in writing by or against County, or affecting County, at law or in
equity, before any court or other governmental agency or instrumentality, domestic or
foreign, or before any arbitrator of any kind.
2.10 Contracts.
(a) Attached hereto as Exhibit 1 is County's November 10, 2004, lease
with the City of Greeley, Colorado, regarding the Greeley Effluent Lease Water
(the "Lease");
(b) the Lease is valid and enforceable by County in all respects;
(c) to its knowledge, County is not in default in any material respect
under the terms of the Lease.
2.11 Compliance With Laws and Regulations. To its knowledge, County: (i)
has complied with all applicable statutes and regulations, and (ii) is not in any default on
its part with respect to the Lease and has no knowledge of any circumstances which,
after reasonable investigation, would result in the discovery of such a default.
2.12 Approval of Agreement. County's Board of County Commissioners has
authorized the execution and delivery of this Agreement by County and has approved
this Agreement and the transactions contemplated hereby.
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ARTICLE III
REPRESENTATIONS AND WARRANTIES OF COMPANY
As an inducement to, and to obtain the reliance of County, Company represents
and warrants to County as follows:
3.1 Company Water is Fully Consumable. Company warrants that the
Company Water is or will be delivered as fully consumable water decreed for beneficial
use including augmentation as that phrase is interpreted by Colorado law.
3.2 Organization. Company is a nonprofit Corporation that owns, manages,
operates and/or has the right to recharge credits and recharge facilities that generate
credits to Crow Creek. Company owns, will own or will have to legal right to use, 100%
of the Company Water. Company has the power and is duly authorized, qualified,
franchised, and licensed under all applicable laws, regulations, ordinances, and orders
of public authorities to own all of its properties and assets and to carry on its business in
all material respects as it is now being conducted.
3.3 Authorization; Enforceability. The execution, delivery and performance of
this Agreement by Company and the Exchange Documents to be executed, delivered
and performed by Company pursuant to this Agreement and the consummation by
Company of the transactions contemplated hereby and thereby, have been duly
authorized by all requisite action on the part of Company. This Agreement and the
Company Exchange Documents have been duly executed and delivered by Company
and constitute the legal, valid and binding obligation of Company, enforceable in
accordance with their respective terms, except to the extent that their enforcement is
limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting
the enforcement of creditors' rights generally and by general principles of equity.
3.4 Consents of Governmental Authorities and Others. Except as otherwise
stated herein, to the knowledge of Company, no consent, approval, order or
authorization of, or registration, declaration, qualification or filing with any federal, state
or local governmental or regulatory authority, or any other person, is required to be
made by Company in connection with the execution, delivery or performance of this
Agreement by Company or the consummation by Company of the transactions
contemplated hereby, excluding the execution, delivery and performance of this
Agreement by County.
3.5 Compliance With Laws and Regulations. To its knowledge, Company: (i)
has complied with all applicable statutes and regulations, and (ii) is not in any default on
its part with respect to the decreed Company Water and has no knowledge of any
circumstances which, after reasonable investigation, would result in the discovery of
such a default.
3.6 Approval of Agreement. The undersigned is an agent for Company and is
duly authorized to s'gn this Agreement and bind the Company.
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ARTICLE IV
MISCELLANEOUS
4.1 Governing Law, Venue. This Agreement and its application shall be
construed in accordance with the laws of the State of Colorado. The Parties agree that
venue for any litigated dispute regarding this Agreement shall be the District Court in
and for Weld County Colorado, unless any such issues are water matters as defined by
C.R.S. § 37-92-203, for which the Parties agree that jurisdiction and venue for any
litigated disputes shall be in the District Court, Water Division No. 1.
4.2 Headings for Convenience Only. Paragraph headings and titles contained
herein are intended for convenience and reference of the Parties only and are not
intended to define, limit or describe the scope or intent of any provision of this
Agreement.
4.3 Notices. Any notice required or permitted to be given hereunder shall be
in writing and shall be deemed given when delivered personally or sent by certified or
registered mail, return receipt requested, postage prepaid, addressed as follows:
If to County, to:
With a copy to:
If to Company:
Board of County Commissioners
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
County Attorney
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Lower Poudre Augmentation Company
P O Box 104
Lucerne, Colorado 80646
The Parties may change the foregoing contacts or addresses by written notice to the
other Parties.
4.4 Assignment of Exchange Rights: The Parties may not assign their rights
or delegate their duties hereunder without the prior written consent of the other Parties.
The Parties may not sublease their rights under this Agreement without the prior written
consent of the other Parties. However, to the extent that the waters leased herein
generate excess credits in the Parties' augmentation plans, said credits may be
disposed of in accordance with the terms and conditions of said plans.
4.5 Entire Agreement; Incorporation. This Agreement represents the entire
agreement of the Parties, and supersedes any other prior agreements and
understandings of any type, both written and oral, among the Parties with respect to the
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subject matter hereof.
4.6 Multiple Originals. This Agreement may be executed in any number of
counterparts, each of which shall be deemed original, and all of which constitute one
and the same agreement.
4.7 Waiver or Breach. No waiver or breach of any of the provisions of this
Agreement by any of the Parties shall constitute a continuing waiver of any subsequent
breach by said party, whether of the same or any other provision of this Agreement.
4.8 Definitions and Interpretations. Except as otherwise provided herein,
nouns, pronouns and variations thereof shall be deemed to refer to the singular or
plural, and masculine or feminine, as the context may require. Any reference to a
policy, procedure, law, regulation, rule or document shall mean such policy, procedure,
law, regulation, rule or document as it may be amended from time to time.
4.9 Non-Severability and Effect of Invalidity. Each paragraph of this
Agreement is interdependent with the others and is not severable unless by mutual
consent of the Parties.
4.10 Joint Draft. The Parties agree they drafted this Agreement jointly with
each having the advice of legal counsel and an opportunity to contribute to its content.
Therefore, this Agreement shall not be construed for or against any party on the basis of
authorship.
4.11 Intent of Agreement. This Agreement is intended to describe the rights
and responsibilities of and between the Parties and is not intended to, and shall not be
deemed to, confer rights upon or to benefit any persons or entities not signatories
hereto, nor to limit, impair, or enlarge in any way the powers, regulatory authority, or
responsibilities of any party or any other governmental entity not a party hereto.
4.12 Specific Performance Available. In the event of litigation, mediation,
arbitration or other dispute resolution process concerning this Agreement, the remedy of
specific performance will be available to the Parties.
4.13 Complete Agreement. This Agreement represents the complete
agreement of the Parties and no oral modification shall be recognized. Any
amendments or additions shall be made in writing signed by the Parties.
4.14 Force Maleure. The Parties shall not be considered to be in default in
performance of any obligation hereunder, nor liable for damages therefor, for such
periods of time that failure of performance shall be due to uncontrollable forces. The
term "uncontrollable forces" means any cause beyond the control of the Party affected,
including, but not limited to, embargoes, epidemics, major failure of facilities, flood,
earthquake, stork, fire, volcanic action, nuclear accident, terrorist acts, war, riot, civil
disturbance, labor disturbance, work stoppages, sabotage, and restraint by court order
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or public authority clothed with authority to regulate matters pertaining to water, public
health or pollution control which, by exercise of due foresight, such Party could not
reasonably have been expected to avoid and which, by exercise of due diligence, it
shall be unable to overcome. None of the Parties, however, shall be relieved of liability
for failure of performance if such failure were due to causes arising from its own
negligence or causes, which it fails to remove or remedy with reasonable dispatch.
4.15 Default. If any Party fails or refuses to perform according to the terms of
this Agreement, such Party may be declared in default. Such declaration of default
must be made in writing. If a Party has been declared in default of this Agreement,
such defaulting Party shall be allowed a period of 60 days within which to cure the
default. If the default remains uncorrected, the Party declaring the default may elect to:
(a) terminate this Agreement and seek damages; (b) treat this Agreement as continuing
and seek specific performance; or (c) pursue any other remedy at law or equity.
4.16 Costs of Company. County agrees to reimburse Company for Company's
actual costs and expenses, including attorney's fees, in negotiating this Agreement.
4.17 Third Party Beneficiaries. This contract is solely between the Parties and,
except as specifically provided, no director, officer, stockholder, member, employee,
agent, independent contractor, or any other person or entity shall be deemed to be a
third party beneficiary of this Agreement.
4.18 Recording. Any Party may record this Agreement in the office of the Clerk
and Recorder of Weld County, Colorado, and may disclose and utilize this Agreement in
any Water Court proceeding.
4.19 Binding Agreement. This Agreement binds and benefits the Parties and
their respective survivors, heirs, successors, and assigns.
4.20 Indemnification of Company. County shall indemnify and hold the
Company, its successors, assigns, directors, and shareholders, harmless from any and
all losses, damages and expenses, including attorneys' fees arising in connection with
the exercise by County of its rights pursuant to this Agreement, including, but not limited
to, any personal injuries, deaths, property damage, mechanic's liens or other claims and
causes of action of any kind arising out of County's use of the water, except to the
extent caused by the negligence or intentional misconduct of the Company or its
shareholders, employees or directors. Further, the County shall indemnify and hold the
Company, its successors, assigns, directors and shareholders, harmless from any
claims, causes of action, losses, damages and expenses, including attorneys' fees,
related to a curtailment of the pumping of County's wells because of the Company's
inability to provide Company Water to the County due to factors beyond the reasonable
control of the Company that prevent or delay the Company's ability to obtain and/or
deliver the Company Water to the County, except to the extent caused by the
negligence or intentional misconduct of the Company or its shareholders, employees or
directors.
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4.21 Indemnification of County. Company shall indemnify and hold the County,
its successors, assigns, directors, and shareholders harmless from any and all losses,
damages and expenses, including attorneys' fees arising in connection with the
exercise by Company of its rights pursuant to this Agreement, including, but not limited
to, any personal injuries, deaths, property damage, mechanic's liens or other claims and
causes of action of any kind arising out of Company's use of the water, except to the
extent caused by the negligence or intentional misconduct of the County or its
shareholders, employees or directors. Further, the Company shall indemnify and hold
the County, its successors, assigns, directors and shareholders, harmless from any
claims, causes of action, losses, damages and expenses, including attorneys' fees,
related to a curtailment of the pumping of Company's wells because of the County's
inability to provide Greeley Effluent Lease Water to the Company due to factors beyond
the reasonable control of the County that prevent or delay the County's ability to obtain
and/or deliver the Greeley Effluent Lease Water to the Company, except to the extent
caused by the negligence or intentional misconduct of the County or its shareholders,
employees or directors.
ARTICLE V
TERMINATION
5.1 Termination.
(a) The term of this Agreement shall be perpetual.
(b) However, in the event that any of the Parties wishes to terminate
this Agreement, that Party may do so by providing the other party written notice
of its intent to terminate. Such notice of intent shall be deemed effective after
ninety (90) days have elapsed after it was given, at which point this Agreement
shall terminate after all Parties have completed performance on the then
operative delivery schedules described in paragraphs 1.1.c and 1.2.c, above.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their respective officers, hereunto duly authorized, as of the date first
above -written.
COUNTYO, F W D
By ((/�/
ATTEST:
(Seal)
BY: Wi
Deputy Clerk -/to the
William F. Garcia, Chair
JUL 2 9 2009
1
'LOWER LA POUDRE AUGMENTATION
-`COMPANY
ATTEST:
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NEW CACHE LA POUDRE IRRIGATING
COMPANY
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