Excess Capacity Agreement Sample Contracts

EXCESS CAPACITY AGREEMENT
Excess Capacity Agreement • July 13th, 2022

THIS AGREEMENT entered into this day of June, 2022, is made by and between LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual ditch corporation (hereinafter “Company”), and the EAST LARIMER COUNTY WATER DISTRICT (hereinafter “ELCO), the FORT COLLINS - LOVELAND WATER DISTRICT (hereinafter “Fort Collins-Loveland”) and the NORTH WELD COUNTY WATER DISTRICT (hereinafter “North Weld”), each a quasi- municipal corporation and political subdivision of the State of Colorado (collectively ELCO, Fort Collins- Loveland and North Weld are referred to hereinafter as “Tri-Districts”), and the City of Greeley, a home rule municipality, acting by and through its Water Enterprise (“Greeley”). Company, Tri-Districts, and Greeley are sometimes referred to herein as the “parties” collectively, and “party” individually.

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