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AGREEMENT FOR PURCHASE <br /> OF WINDY GAP UNITS <br /> <br />This Agreement is made and entered into this day of ,2002, by and <br />between the City of Louisville, Colorado, a Colorado home nde municipal corporation, acting by and <br />through the City of Louisville Water Activity Enterprise ("Louisville") and the Superior Metropolitan <br />District No. 1, a quasi-municipal corporation and political subdivision of the State of Colorado <br />("Superior'), collectively referred to as the Parties. <br /> <br />RECITALS <br /> <br /> WHEREAS, Superior holds the title and rights to six units of water from the Windy Gap <br />Project of the Municipal Subdistrict of the Northern Colorado Water Conservancy District, which <br />units are a portion of the 80 units originally allotted to the Town of Estes Park pursuant to an <br />allotment contract approved by the Subdistrict on July 11, 1975, and transferred to Superior upon <br />application and petition and by Order of the Municipal Subdistrict dated April 1, 1988; and <br /> <br /> WHEREAS, Louisville operates a municipal water system within the boundaries of the <br />Northern Colorado Water Conservancy District and within the boundaries of the Municipal <br />Subdistrict of such Northern Colorado Water Conservancy District; and <br /> <br /> WHEREAS, Louisville has entered into contracts for participation in the Northern Colorado <br />Water Conservancy District's Southern Water Supply Project which will be used to deliver waters <br />from the Colorado-Big Thompson Project, the Windy Gap Project, and other sources to Louisville; <br />and <br /> <br /> WHEREAS, Louisville has determined that it would be beneficial to its inhabitants to obtain <br />title to and the rights to use six units of Windy Gap water in its municipal water supply system; and <br /> <br /> WHEREAS, Superior is willing to sell a portion of its Windy Gap water to Louisville and <br />Louisville desires to purchase Windy Gap water from Superior, in accordance with the terms and <br />conditions of this Agreement. <br /> <br />AGREEMENT <br /> <br /> NOW THEREFORE, for and in consideration of the mutual covenants and agreements set <br />forth herein, the parties agree as follows: <br /> <br />ARTICLE 1 - DEFINTIONS <br /> <br />1.1. Definitions. The following definitions shall apply to this Agreement: <br /> <br /> <br />