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AMENDMENT TO FOiJR"CH INTERIM AGREEMENT BETWEEN THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, AND T:HE CITY OF LOUISVILLE FOR PARTICIPATION IN THE WINDY GAP FIRMING PROJECT This Amendment is made and entered into as of (~ ~ , o~ ( , 2007, by and between the Municipal Subdistrict, Northern Colorado Water Conservancy District (a quasi-municipal entity and political subdivision of the State oi' Colorado) (the "Subdistrict"), acting by and through its Windy Gap Firming Project Water ,Activity Enterprise (a government-owned business within the meaning of Article X, Section 20(2;1(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq.), whc-se address is 220 Water Avenue, Berthoud, Colorado 80513 (the "WGF Enterprise"), and the City of Louisville, whose address is 749 Main Street, Louisville, Colorado 80027-1829 ("Participant"), i=or the purpose of amending the Fourth Interim Agreement between the parties (the "Agreement"). A. The Agreement is amended by deletion of the existing paragraph 3 and the addition of the following new paragraph 3. 3. Participant agrees to provide to the WGF Enterprise funds for its pro rata share of the costs necessary to complete the Fourth Phase of the Project. A. The WGF Enterprise estimated that Participant's pro rata share of the costs of the Fourth Phase of the Project was $30,970 for the 2006 calendar year. Participant paid the WGF Enterprise its pro rata share of the 2006 calendar year costs on or before February 1, 2006. B. The WGF Enterprise estimates that Participant's pro rata share of the costs of the Fourth Phase of the Project is $30,970 for the 2008 calendar year. Participant will pay the WG:F Enterprise its pro rata share of the 2008 calendar year costs on or before January 15, 2008. "This estimated cost will not be increased or exceeded without the prior written approval of Participant. However, if the Fourth Phase oi'the Project cannot be completed within these estimated costs, the WGF Enterprise is not obligated to complete the Fourth Phase of the Project for the benefit of :Participant unless sufficient additional pro rata funds as determined by the WGF Enterprise are provided by Participant. Attached hereto as Exhibits A and B are tables showing the pro rata share of the costs of the Project for each Participant for '006 and 2008 based upon current allocations of capacity in the Project. H:\managmnt\AGREEMNT\2007\11-I9-07 WCiFP ,Amendment to 4th Interim Agt-LOUISVILLE.doc Page 1 of 2