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FOURTH AMENDMENT TO FOURTH INTERIM AGREEMENT BETWEEN THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, AND THE CITY OF LOUISVILLE FOR PARTICIPATION IN THE WINDY GAP FIRMING PROJECT This Fourth Amendment is made and entered into as of tel - a 2010, by and between the Municipal Subdistrict, Northern Colorado Water Conse '. cy District (a quasi- municipal entity and political subdivision of the State of 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)(d), of the Colorado Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 et seq.), whose 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"), for the purpose of amending the Fourth Interim Agreement between the parties (the "Agreement"). 1. The Agreement, as previously amended, is amended by deletion of paragraph 3 and the substitution of the' following flew 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 Enterpnse its pro rata share of the 2006 calendar year costs on or before February 1, 2006. B 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 2008 calendar year. Participant paid the WGF Enterprise its pro rata share of the 2008 calendar year costs on or before January 15, 2008. C. 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 2009 calendar year. Participant paid the WGF Enterprise its pro rata share of the 2009 calendar year costs on or before June 15, 2009. D. The WGF Enterprise estimates that Participant's pro rata share of the cost of the Fourth Phase of the Project is $30,970 for the 2010 calendar year. Participant will pay the WGF Enterprise its pro rata share of the 2010 calendar year costs on or before August 1, 2010. This estimated cost will not be increased or exceeded without the prior written approval of Participant H \managmnt\AGREEMNT\2010\WGFP INTERIM AGTS\06-09-10 CITY OF LOUISVILLE-WGFP-4th Amendment to 4th Interim Agreement docx Page 1 of 2