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Home My WebLink AboutC87-022 Storage Water Service Contract with Avon Metro Districta F C-11 ; 187-22_17 STORAGE WATER SERVICE CONTRACT THIS STORAGE WATER SERVICE CONTRACT is made and entered into as of the last date written below, by and between the AVON METROPOLITAN DISTRICT, a Colorado quasi -municipality, whose address is P. 0. Box 975, Avon, Colorado 81620 (hereinafter referred to as the "District") and the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, whose address is P. 0. Box 850, Eagle, Colorado 81631 (hereinafter referred to as the "County"); W I T N E S S E T H: 1. Amount. The District hereby agrees to release to the County up to ten (10 ) acre-feet of water per year, which water is stored annually by the District in Benchmark Lake, a/k/a Nottingham Lake, as decreed in Case No. W-3582 in the District Court in and for Water Division No. 5, Colorado, on July 18, 1979, for 168.3486 acre-feet for municipal, domestic, irriga- tion, industrial and commercial purposes, with an appropriation date of June 1, 1977, and which also stores water pursuant to the decrees entered in Case Nos. W-3289 and W-3664 in the District Court in and for Water Division No. 5, Colorado. 2. Term. This Contract shall be for a period of three (3) years from the date hereof, subject to the County's right to terminate as described below. During the term of this contract, the County shall diligently pursue a permanent legal supply of water. This Contract may be renewed for an additional period of two (2) years, on the same terms, upon a determination by the District that sufficient water availability exists in Nottingham Lake. 3. Charges. The County shall, within 60 days from the date of this Contract, pay to the District the District's costs in reviewing this Contract, as certified by the District to the County. As charge for the release of water by the District for use by the County, the County shall pay to the District $1,000.00 each year, ($100.00 per acre-foot of water per year) regardless of the amount of water_ released by the District to the County. Such charge shall be paid annually, within 60 days from the anniversary date of this Contract, in an amount cer- tified by the District to the County. The District's books shall be open for inspection by the County, if the County desires to determine the basis for the District's costs cer- tified hereunder. 4. Releases of Water. It is anticipated that the County will require releases of water from Benchmark Lake to the Eagle River for replacement purposes. Water shall be released by the District from Benchmark Lake to the Eagle River upon call by the County for such periods, in such volumes, and at such rates of flow as may be designated by the County, up to the contracted amount. Calls for the release of water shall be made in writing -1- by the County, or its designee, unless immediate release is desired, in which event written confirmation of release instruc- tions shall be made by the County. The District shall designate to the County the person(s) to contact to order releases of water. The County shall not have the right to any carryover of water not released for the County's benefit hereunder. Any unreleased water hereunder at the end of any year shall accrue to the District. The term "year" as used herein for water accounting purposes shall mean "water year". 5. Mutual Responsibilities. The District shall be solely responsible to convey water into storage into Benchmark Lake, to store and hold water therein, and to release water therefrom at the County's instructions, all in accordance with the water rights priorities decreed to Benchmark Lake. The County shall not be responsible for the storage of water in or the operation and maintenance of Benchmark Lake, and the District shall pro- tect, indemnify, and hold the County harmless from and against all claims, demands, and causes of action of any nature what- soever resulting from or in any manner connected with the storage of water in or the operation and maintenance of water in Benchmark Lake. The delivery of water hereunder will be made into the Eagle River at the outlet works of Benchmark Lake. All such deliveries shall be limited by said outlet capacity. The District will not be responsible for the control, carriage, use, handling, or distribution of water delivered to the County beyond the delivery point, and the County shall hold the District harmless from and against all claims, demands, and causes of action on account of property damage, personal injury, or death resulting from the control, carriage, use, handling, or distribution of water delivered hereunder, provided such water is delivered in a safe and reasonable manner. 6. Priority. Water stored by the District for release to the County hereunder shall be subject to the first priority of the Upper Eagle Regional Water Authority to the use of water from Benchmark Lake. No other person or entity has any right to the delivery, storage, or release of water from Benchmark Lake, and any person or entity who acquires such right shall be sub- ject to the County's rights hereunder. 7. Force Majeure. If any party is rendered unable, wholly or in part, by force majeure to carry out its obligations under this contract, other than the obligation to make money payments, that party shall give to the other party prompt written notice of the force majeure with reasonably full particulars concerning it; thereupon, the obligations of the party giving the notice, so far as they are affected by the force majeure, shall be suspended during, but no longer than, the continuance of the force majeure. The affected party shall use all possible dili- gence to remove the force majeure as quickly as possible. The term "force majeure" as here employed shall mean an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, -2- storm, flood, explosion, failure to timely receive necessary governmental approvals, governmental restraint, unavailability of equipment, and any other cause, whether of the kind specifi- cally enumerated above or otherwise, which is not reasonably within the control of the party claiming suspension. 8. Accounting. Upon request by the County, the District shall supply information concerning water stored in Benchmark Lake, including but not limited to end -of -year storage, dates and amounts of water released under this Contract, current water levels, etc. -9. Termination. This Contract may be terminated by the County upon thirty (30) days' written notice to the District. Upon termination, the District shall certify to the County its charges hereunder, to the date of termination, which charges shall be payable from the County to the District within 30 days from the date of such certification. Charges for a partial year shall be based upon the amount of water actually released by the District hereunder at a cost of $100.00 per acre-foot per year. 10. Binding. This Contract shall be binding upon and inure to the benefit of the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Contract in duplicate originals as of the last date below written. ATTEST: e retary AVON METROPOLITAN DISTRICT By Chairman -3- STATE OF COLORADO ) ) ss. County of Eagle ) M BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY /The forego' instrument was k owledged beore me this day ofLj 1987 /by - as Chairman, d by C?hVlh-cit `°sr , a DClerk, on behalf of the Board of County Commis overs of Eagle County. WITNESS my hand and official seal.( My Commission expires: e,„_ � ✓ c1 L? -4-