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THIRD INTERIM AGREEMENT BETWEEN THE SOUTHERN WATER SUPPLY PROJECT WATER ACTIVITY ENTERPRISE AND THE CITY OF LOUISVILLE FOR INCREASING THE CAPACITY OF THE SOUTHERN WATER SUPPLY PROJECT, EASTERN PHASE This Third Interim Agreement for Increasing the Capacity of the Southern Water Supply Project, Eastern Phase, is made and entered into this day of , 2019, by and between the CITY OF LOUISVILLE whose address is 749 Main Street, Louisville, Colorado 80027-1829 ( "Participant"), and the Southern Water Supply Project Water Activity Enterprise ("SWSP Enterprise"), a government owned business within the meaning of Article X, Section 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45-101, et seq., and owned by the Northern Colorado Water Conservancy District (a quasi -municipal entity and political subdivision of the State of Colorado), and whose address is 220 Water Ave, Berthoud, Colorado 80513. Participant and the SWSP Enterprise are hereinafter referred to collectively as the "Parties," and individually as a "Party." Recitals A. The SWSP Enterprise operates a municipal water supply conveyance system known as the Southern Water Supply Project to provide untreated water from Carter Lake Reservoir to entities located within the Northern Colorado Water Conservancy District and its Municipal Subdistrict. B. In 2001, the SWSP Enterprise began a project to add pumping plants to the Southern Water Supply Project pipeline, known as the Pump Project. The Pump Project is being constructed in two phases. The first phase is known as the West Longmont Phase, which has been completed. The second phase is known as the Eastern Phase and consists of the Eastern Pumping Plant. C. Pursuant to the Allotment Contract for Additional Capacity in the Southern Water Supply Project Pipeline dated August 3, 2001 ("Allotment Contract"), the Participant holds an allotment of capacity in the Pump Project. Pursuant to the Allotment Contract, costs for the completion of the Eastern Phase shall be divided among the entities that participate in the Pump Project according to their pro rata portion of the capacity in that Project. D. In 2005, the Eastern Phase Interim Contract was executed with the SWSP Participants to perform a siting study, prepare a preliminary design of the pump station, and to purchase the site. This work was completed in 2007. E. In 2017, the Second Interim Agreement for Increasing the Capacity of the Southern Water 1