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FIFTH AMENDMENT TO FOURTH INTERIM AGREEMENT BETWEEN THE <br /> MUNICIPAL SUBDISTRICT,NORTHERN COLORADO WAFER CONSERVANCY <br /> DISTRICT,WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, <br /> AND <br /> CITY OF LOUISVILLE <br /> FOR PARTICIPATION IN THE <br /> WINDY GAP FIRMING PROJECT <br /> This Fifth Amendment is made and entered into as of , 2011, <br /> by and between the Municipal Subdistrict, Northern Colorado Water Conservancy District(a <br /> quasi-municipal entity and political subdivision of the State of Colorado) (the "Subdistrict"), <br /> . acting by and through its Windy Gap Firming Project Water Activity Enterprise (a government- <br /> owned business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, <br /> organized pursuant to C.R.S. § 5 37-45.1-101 et seq.),whose address is 220 Water Avenue, <br /> Berthoud, Colorado 80513 (the "WGF.Enterprise"), and the City of Louisville,whose address is <br /> 749 Main Street,Louisville, Colorado 8002771829 ("Participant"), for the purpose of amending <br /> the Fourth Interim Agreement between the parties (the"Agreement"). <br /> 1; The Agreement, as previously amended, is amended by deletion of paragraph 3 <br /> and the substitution of the following new paragraph 3. <br /> 3. Participant agrees to provide to the WGF Enterprise funds for ils 4:r ' °,R <br /> pro rata share of the costs necessary to complete the Fourth Phase..p .th9 <br /> Project. • <br /> A. The WGF Enterprise estimated that Participant's pro rata r; <br /> share of the costs of the Fourth Phase of the Project was $30,970 fik tli _NLz. <br /> 2006 calendar ear. Participant paid the WGF Enterprise its pro rata .` ry' <br /> Y p p � p �r�� ���A=d{�.� x � <br /> share of the 2006 calendar year costs. , n• <br /> B. The WGF Enterprise estimated that Participant's pro rata <br /> share of the costs of the Fourth Phase of the Project was $30,970 for the • <br /> 2008 calendar year. Participant paid the WGF Enterprise its pro rata <br /> share of the 2008 calendar year costs. <br /> C. The WGF Enterprise estimated that Participant's pro rata <br /> share of the costs of the Fourth Phase of the Project was $30,970 for the <br /> 2009 calendar year. Participant paid the WGF Enterprise its pro rata <br /> share of the 2009 calendar year costs. <br /> D. The WGF Enterprise estimated that Participant's pro rata <br /> share of the cost of the Fourth Phase of the Project was $30,970 for the <br /> 2010 calendar year. Participant paid the WGF Enterprise its pro rata <br /> share of the 2010 calendar year costs. <br /> Page 1 of 2 <br />