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INTERGOVERNMENTAL AGREEMENT SANITARY SEWER EMERGENCY OVERFLOW This Intergovernmental Agreement (the "Agreement ") is made and entered into this 99-14 a day of 4-ACONA a r K , 2016, by and between the City of Louisville, a Colorado municipal corporation ( "Louisville "), and Superior Metropolitan District No.1 ("SMD1"), a Colorado special district (each individually a "Party" and collectively the "Parties "). WHEREAS, the Superior Town Center, a project entirely within the Town of Superior is generally located in a parcel of land described as Sec. 19, TIS R69W, 6th P.M., is proposed to be constructed by a developer with approval by the Town of Superior; WHEREAS, the Superior Town Center includes a sanitary sewer lift station, in Tract C, Superior Town Center, Filing 1B; WHEREAS, the proposed sanitary sewer lift station includes an emergency overflow connection to Louisville's sanitary sewer collection system; WHEREAS, Louisville has existing wastewater facilities which have the capacity to convey and treat sanitary sewer overflow discharges from Superior's sanitary sewer lift station; WHEREAS, the Parties desire to enter into this Agreement to establish responsibilities for the sanitary sewer lift station emergency overflow connection to Louisville's sanitary sewer collection system, and related matters; and WHEREAS, the Parties are authorized to enter into this Agreement pursuant to their respective charters and state law, including but not limited to C.R.S. § 29 -1 -203. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Sanitary Sewer Emergency Overflow Connection. a. The Parties agree that the developer of the Superior Town Center ( "Developer ") shall construct a sanitary sewer lift station. The sanitary sewer lift station shall include the existing emergency overflow connection to Louisville's sanitary sewer collection system. b. The sanitary sewer lift station and emergency overflow connection shall be owned and maintained by SMD1. SMD1 and the Developer shall, in accordance with Louisville's procedures, obtain all required street cut permits, access permits, and other procedural or substantive permits and approvals that are necessary for operation and maintenance of the emergency overflow connection. c. SMD1 shall for any day or part thereof during which SMD1 domestic sewage flows are routed through the emergency overflow connection to Louisville's sanitary sewer collection system pay Louisville $100 per day plus any direct labor expenses associated with an event. 1