Common use of Water Rights Dedication Clause in Contracts

Water Rights Dedication. Annexor has requested that dedication of water rights be postponed until the earlier to occur of: (a) future subdivision of the Property; or (b) the Conceptual Plan for the Property is amended in accordance with the procedures set forth In Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC. Water dedication requirements for the Property shall be calculated in accordance with Sections 17-14-10 and 17-14-20 of the LMC (“Town Water Dedication Requirements”). The Annexor shall convey, transfer or assign to the Town, free and clear of all liens and encumbrances, units of Colorado-Big Xxxxxxxx water (C-BT Units) or other water acceptable to the Town per the LMC as required by the Town Water Dedication Requirements. The dedication requirements for the Property, upon any subdivision of the Property or future Site Plan submitted in accordance with Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC shall be determined by calculating the water use demands for such subdivision or development that is in strict accordance with the Town Water Dedication Requirements, as reviewed and approved by the Town Engineer and Town Administrator. In lieu of the C-BT Units or other water acceptable to the Town per the LMC required in this Paragraph, at the sole and absolute discretion of the Board of Trustees, the Annexor may be required to pay cash-in-lieu at the current rate established by the Town at the time the C-BT Units or other water acceptable to the Town per LMC requirements would otherwise be due. In addition to Town Water Dedication Requirements, the Annexor shall, as a condition of the Town's approval of any Event plan for any Major Event or Minor Event, as those terms are defined in the Amendable Letter of Understanding attached hereto as Exhibit C, provide the Town with details related to the source and amount of water sufficient to control dust during events, parking, and the restoration of the Property after the conclusion of any Major Event or Minor Event. in order to encourage vegetative re-establishment following camping, parking and other allowed uses of the Property.

Water Rights Dedication. Annexor has requested that dedication of water rights be postponed until the earlier to occur of: (a) future subdivision of the Property; or (b) the Conceptual Plan for the Property is amended in a way that is likely to cause the usage of water on the Property to exceed the 270,000 gallon per year allowance currently permitted, in accordance with the procedures set forth In Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC. Water dedication requirements for the Property shall be calculated in accordance with Sections 17-14-14- 10 and 17-14-20 of the LMC (“Town Water Dedication Requirements”). The Annexor shall convey, transfer or assign to the Town, free and clear of all liens and encumbrances, units of Colorado-Big Xxxxxxxx water (C-BT Units) or other water acceptable to the Town per the LMC as required by the Town Water Dedication Requirements. The dedication requirements for the Property, upon any subdivision of the Property or future Site Plan submitted in accordance with Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC shall be determined by calculating the water use demands for such subdivision or development that is in strict accordance with the Town Water Dedication Requirements, as reviewed and approved by the Town Engineer and Town Administrator. In lieu of the C-BT Units or other water acceptable to the Town per the LMC required in this Paragraph, at the sole and absolute discretion of the Board of Trustees, the Annexor may be required to pay cash-in-lieu at the current rate established by the Town at the time the C-BT Units or other water acceptable to the Town per LMC requirements would otherwise be due. In addition to Town Water Dedication Requirements, the Annexor shall, as a condition of the Town's approval of any Event plan for any Major Event or Minor Event, as those terms are defined in the Amendable Letter of Understanding attached hereto as Exhibit C, provide the Town with details related to the source and amount of water sufficient to control dust during events, parking, and the restoration of the Property after the conclusion of any Major Event or Minor Event. in order to encourage vegetative re-establishment following camping, parking and other allowed uses of the Property.

Water Rights Dedication. Effective April 4th, 2022, Annexor has requested that agrees to dedicate to the Town two shares of capital stock in the Lake XxXxxxxx Reservoir Company (“Lake XxXxxxxx Shares”) at a time of their choosing, but no later than within 90 days after written request from the Town Administrator. This request and subsequent dedication of will fulfill all base water rights be postponed until the earlier to occur of: (a) future subdivision of the Property; or (b) the Conceptual Plan for the Property is amended in accordance with the procedures set forth In Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC. Water dedication requirements for the Property shall be calculated annexation in accordance with Sections 17-14-10 and 17-14-20 of the LMC (“Town Water Dedication Requirements”). The Annexor shall conveyIf the property is subsequently subdivided, transfer or assign additional Town Water Dedication Requirements will be necessary -pursuant to Section 17-14- 20 of the Town, free and clear of all liens and encumbrances, units of Colorado-Big Xxxxxxxx water (C-BT Units) or other water acceptable to the Town per the LMC as required by LMC. This dedication will also fulfill the Town Water Dedication RequirementsRequirements in accordance with Section 13-3-90(A) of the LMC for one additional ¾” tap on the Farm Property for the bath house that the Annexor intends to request in accordance with the Site Plan. The Additional future water connections or increases in tap sizes will require additional water dedication. Any additional dedication requirements for the Property, upon any subdivision of the Property or future Site Plan submitted in accordance with Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC shall be determined by calculating the water use demands for such subdivision or development that is in strict accordance with the Town Water Dedication Requirements, as reviewed and approved by the Town Engineer and Town Administrator. In lieu of the C-BT Units or other water acceptable to the Town per the LMC required in this Paragraph, at the sole and absolute discretion of the Board of Trustees, the Annexor may be required to pay cash-in-lieu at the current rate established by the Town at the time the C-BT Units or other water acceptable to the Town per LMC requirements would otherwise be due. In addition to Town Water Dedication Requirements, the Annexor shall, as a condition of the Town's approval of any Event plan for any Major Event or Minor Event, as those terms are defined in the Amendable Letter of Understanding attached hereto as Exhibit C, provide the Town with details related to the source and amount of water sufficient to control dust during events, parking, and the restoration of the Property after the conclusion of any Major Event or Minor Event. in order to encourage vegetative re-establishment following camping, parking and other allowed uses of the Property.

Water Rights Dedication. Annexor has requested that dedication of water rights be postponed until the earlier to occur of: (a) future subdivision of the Property; or (b) the Conceptual Plan for the Property is amended in a way that is likely to cause the usage of water on the Property to exceed the 270,000 gallon per year allowance currently permitted, in accordance with the procedures set forth In Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC. Water dedication requirements for the Property shall be calculated in Effective April 4th, 2022, Annexor agrees to dedicate to the Town two shares of capital stock in the Lake XxXxxxxx Reservoir Company (“Lake XxXxxxxx Shares”) at a time of Annexor’s choosing, but no later than within 90 days after written request from the Town Administrator. This request and subsequent dedication will fulfill all base water dedication requirements for annexation in accordance with Sections 17-14-10 and 17-14-20 of the LMC (“Town Water Dedication Requirements”). If the property is subsequently subdivided, additional Town Water Dedication Requirements will be necessary -pursuant to Section 17-14-20 of the LMC. The Annexor shall convey, transfer or assign to the Town, free and clear of all liens and encumbrances, units of Colorado-Big Xxxxxxxx water (C-BT Units) or other water acceptable to the Town per the LMC as required by the Town Water Dedication Requirements. This dedication will also fulfill the Town Water Dedication Requirements in accordance with Section 13-3-90(A) of the LMC for one additional ¾” tap on the Farm Property (or increase in the existing tap size from ¾” to 1”) for the bath house that the Annexor intends to request in accordance with the Site Plan. Notwithstanding the foregoing, Annexor and the Town acknowledge and agree that pursuant to {W1637469 JCK} the Easement Agreement, Annexor is entitled to connection of one ¾” water tap without paying a water connection fee for the same as set forth in Section 13-3-90(b); provided, however, that all additional water tap connections shall require payment of standard water connection fees and associated Town Water Dedication Requirements unless otherwise waived by the Town under the applicable provisions of the Lyons Municipal Code. Any additional The dedication requirements for the Property, upon any subdivision of the Property or future Site Plan submitted in accordance with Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC shall be determined by calculating the water use demands for such subdivision or development that is in strict accordance with the Town Water Dedication Requirements, as reviewed and approved by the Town Engineer and Town Administrator. In lieu of the C-BT Units or other water acceptable to the Town per the LMC required in this Paragraph, at the sole and absolute discretion of the Board of Trustees, the Annexor may be required to pay cash-in-lieu at the current rate established by the Town at the time the C-BT Units or other water acceptable to the Town per LMC requirements would otherwise be due. In addition to Town Water Dedication Requirements, the Annexor shall, as a condition of the Town's approval of any Event plan for any Major Event or Minor Event, as those terms are defined in the Amendable Letter of Understanding attached hereto as Exhibit C, provide the Town with details related to the source and amount of water sufficient to control dust during events, parking, and the restoration of the Property after the conclusion of any Major Event or Minor Event. in order to encourage vegetative re-establishment following camping, parking and other allowed uses of the Property.

Water Rights Dedication. Annexor has requested that Effective April 4th, 2022, Xxxxxxx agrees to dedicate to the Town two shares of capital stock in the Lake XxXxxxxx Reservoir Company (“Lake XxXxxxxx Shares”) at a time of their choosing, but no later than within 90 days after written request from the Town Administrator. This request and subsequent dedication of will fulfill all base water rights be postponed until the earlier to occur of: (a) future subdivision of the Property; or (b) the Conceptual Plan for the Property is amended in accordance with the procedures set forth In Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC. Water dedication requirements for the Property shall be calculated annexation in accordance with Sections 17-14-10 and 17-14-20 of the LMC (“Town Water Dedication Requirements”). The Annexor shall conveyIf the property is subsequently subdivided, transfer or assign additional Town Water Dedication Requirements will be necessary -pursuant to Section 17-14- 20 of the Town, free and clear of all liens and encumbrances, units of Colorado-Big Xxxxxxxx water (C-BT Units) or other water acceptable to the Town per the LMC as required by LMC. This dedication will also fulfill the Town Water Dedication RequirementsRequirements in accordance with Section 13-3-90(A) of the LMC for one additional ¾” tap on the Farm Property for the bath house that the Annexor intends to request in accordance with the Site Plan. The Additional future water connections or increases in tap sizes will require additional water dedication. Any additional dedication requirements for the Property, upon any subdivision of the Property or future Site Plan submitted in accordance with Section 16-3-220(h) and Article 7 of Chapter 16 of the LMC shall be determined by calculating the water use demands for such subdivision or development that is in strict accordance with the Town Water Dedication Requirements, as reviewed and approved by the Town Engineer and Town Administrator. In lieu of the C-BT Units or other water acceptable to the Town per the LMC required in this Paragraph, at the sole and absolute discretion of the Board of Trustees, the Annexor may be required to pay cash-in-lieu at the current rate established by the Town at the time the C-BT Units or other water acceptable to the Town per LMC requirements would otherwise be due. In addition to Town Water Dedication Requirements, the Annexor shall, as a condition of the Town's approval of any Event plan for any Major Event or Minor Event, as those terms are defined in the Amendable Letter of Understanding attached hereto as Exhibit C, provide the Town with details related to the source and amount of water sufficient to control dust during events, parking, and the restoration of the Property after the conclusion of any Major Event or Minor Event. in order to encourage vegetative re-establishment following camping, parking and other allowed uses of the Property.