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<br />, .. <br /> <br />183818 11/12/1999 02:04P B: 368 P: 48 <br />Debbie Livengood-Custer County Clerk' Colorado <br /> <br />11. Except for the payment required by Paragraph 10 herein, the State shall NOT be <br />responsible for any costs, fees, or expenses associated with operation of the Reservoir, including, <br />but not limited to, any taxes, fees, charges, penalties, or any costs associated with repairs, day-to- <br />day operations, accounting, maintenance, or rehabilitation of the Reservoir, including those <br />rehabilitations necessary to comply with governmental regulation or which may be necessary to <br />continue the regular operation of the Reservoir. <br /> <br />12. The fee to be paid by the State for State Water released from the Reservoir shall be <br />computed as follows, During the first five (5) years of this Easement, the administrative fee shall <br />be $250 plus two dollars ($2.00) per acre-foot released. Starting in the sixth (6th)year, and then <br />again every five (5) years thereafter, the administrative fee of $250 and $2.00 per acre-foot fee <br />shall be increased by the same percentage rate as the increase in the Consumer Price Index <br />during the time period in question. As used herein, the term "Consumer Price Index" ("CPI") <br />means the United States Department of Labor, Bureau of Labor Statistics' ConsumerP~icelndex <br />All Urban Consumers All Items, Denver, Colorado (1982-82 equals 100), or the successOr of <br />such Index. Under no circumstances shall the per acre-foot fee decrease, even if the CPI <br />decreases. <br /> <br />13. DeWeese shall be the sole entity to control or operate the Reservoir, provided that such <br />control or operation shall be in conformance with the terms herein, <br /> <br />14, The Easement herein created shall be a burden upon and shall run with the Reservoir in <br />perpetuity and shall bind DeWeese, its successors and assigns, forever. <br /> <br />15. If the circumstances arise under which an amendment to or modification of this Easement. <br />would be appropriate, DeWeese and CDOW are free to jointly amend this instrument; provided <br />that any amendment must be in writing, signed and notarized by both parties, and recorded in the <br />records of the Clerk and Recorder of Custer County, Colorado. <br /> <br />l6. The terms "State" and "DeWeese," wherever used herein, and any pronouns used in place <br />thereof, shall mean and include the above-named Grantor and its successors and assigns, and the . <br />above-named Grantee and its successors and assigns, <br /> <br />17. The interpretation and performance of this Easement shall be governed by the laws of the <br />State of Colorado. <br /> <br />5 <br />