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ALLOTMENT CONTRACT BETWEEN THE WINDY GAP FIRMING PROJECT
<br />WATER ACTIVITY ENTERPRISE, MUNICIPAL SUBDISTRICT, NORTHERN
<br />COLORADO WATER CONSERVANCY DISTRICT, AND CITY OF LOUISVILLE,
<br />COLORADO, A COLORADO HOME RULE MUNICIPAL CORPORATION,
<br />ACTING BY AND THROUGH THE CITY OF LOUISVILLE WATER ACTIVITY
<br />ENTERPRISE, FOR CAPACITY IN THE WINDY GAP FIRMING PROJECT
<br />This Allotment Contract ("Contract") for an allotment of capacity in the hereinafter
<br />defined and described Windy Gap Firming Project is entered into this r2 day of (?V evnbel
<br />2020, by and between the Windy Gap Firming Project Water Activity Enterprise ("WGFP
<br />Enterprise") and City of Louisville, Colorado, a Colorado home rule municipal corporation,
<br />acting by and through the City of Louisville Water Activity Enterprise ("Louisville"), pursuant
<br />to C.R.S. § 37-45-131 and C.R.S. §§ 37-45.1-103(4), 106(4).
<br />RECITALS
<br />A. The WGFP Enterprise is a government -owned business within the meaning of
<br />Article X, § 20(2)(d) of the Colorado Constitution organized pursuant to
<br />C.R.S. §§ 37-45.1-101 et seq. that is owned by the Municipal Subdistrict, Northern Colorado
<br />Water Conservancy District (the "Subdistrict"), and whose address is 220 Water Avenue,
<br />Berthoud, Colorado 80513. The WGFP Enterprise is a water activity enterprise that will
<br />exercise the authorities granted by C.R. S. §§ 37-45-101 et seq., 37-45.1-101 et seq., 31-35-401
<br />et seq., and any other relevant grant of statutory authority, for the purpose of the planning,
<br />financing, acquisition, construction, operation, administration, maintenance, repair,
<br />replacement, rehabilitation, and improvement of the Windy Gap Firming Project.
<br />B. Louisville is a Colorado home rule municipal corporation, acting by and
<br />through the City of Louisville Water Activity Enterprise.
<br />C. The Windy Gap Firming Project ("WGFP") is described in general in the U.S.
<br />Bureau of Reclamation Record of Decision, together with supporting documents for the WGFP
<br />dated December 2011, as may be amended from time to time.
<br />D. The WGFP has not, as of the date of this Contract, been financed, constructed,
<br />and completed. This Contract therefore includes provisions that address the WGFP before and
<br />after completion of construction and commencement of project operation. This Contract also
<br />includes provisions that apply only if and to the extent that Louisville satisfies all or a portion
<br />of its Capital C&E Funding Obligations through either Capital C&E Funding Cash Payments
<br />or participation in WGFP Financing.
<br />• PART I, "Contract Definitions," consists of Section 1, which includes definitions that
<br />apply to this entire Contract.
<br />• Part II, "Provisions Applicable to All WGFP Allottees," consists of Sections 2 through
<br />6 and applies to Louisville regardless of its chosen means of satisfying its Capital C&E
<br />Funding Obligations, unless specifically provided otherwise. Section 2 is an allotment
<br />by the WGFP Enterprise to Louisville of capacity in the WGFP. Section 3 includes
<br />provisions that are applicable prior to WGFP Completion, as that term is defined herein.
<br />Section 4 includes provisions that are relevant to the operation of the WGFP after
<br />WGFP Completion. Section 5 includes other general terms and conditions, including
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