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(b) To the extent that Sumrnit County wiil be utilizing the water for its <br />own uses and faci(ities it is in fact a consumer. <br />(c) To the extent that Summit County needs the water for purposes af <br />praviding repfacemen# water to either the Denver Water Board or <br />the City of Colorado Springs, ft is participating in exchanges <br />provided for in the 1985 Denver Water Board Agreement or future <br />agreements involving the Denver Water Board or Coforado Springs <br />in a representative or govemmental capacity. <br />(6) Beginning in August, 2003, and every August thereafter, Summit County <br />will advise Middle Park of the number of acre-feet that it has under <br />contract pursuant to Paragraph 5a, that if needs #o utilize under <br />Paragraph 5b, and that it needs to provide under Paragraph 5c. At that <br />time, Middle Parfc and Summit County will execute a Contract substantially <br />similar to the Wotford Mountain Contract attached hereto and before <br />September '!51 of 2003. Said Confiract will be executed betw-een Middle <br />Park and Summit County and Summit Counfy will pay to Middle Park the <br />sum of $75.00 per one-tenth of an acre-foot of Wolford MoUntain wafer <br />required by Surnmit County under Paragraphs 5a, b, and c on or befot-e <br />. September 1, 2003. Said process will be repeated every August with . <br />payments and contracting due by September Is` of every year during the <br />term of this Option Agreement. However it is anticipated that one master <br />Wolford Cantract wi(l be entered into and will be apprapriatefy modified <br />each time the County exercises an additional portian of its option. At the <br />subsequent August and September, Summrt County wiil likewise pay . <br />Middfe Park's standard service charge per acre-foot for Windy Gap <br />Standby Contracts along with any payments due for the one time only <br />standard charge. Basically, Summit County wiii be paying the $75 per. .'1 <br />of an acre foot in arrears for the previous twelve month period. As an <br />example, if on Sepiember 1, 2003, Summit County has 5.0 acre feet under con#ract or needed pursuanfi to Paragraph 5, it wauld pay $3750 to <br />Middle ParEc. Jf, on Septernher 1, 2004, it has an.additional 5.0 acre fieet <br />undar contract, it would pay Middie Park $4019.50 [2004 payment = 5x <br />$750 =$3750, a one time charge plus annual charge for 5_0 acre fee# <br />undar contract on September 1, 2003 = 5 x$53.90 (annual charge for <br />. delivery in 2004, assuming the River District charge is still $25 per acre <br />foot)] Additionally, Summit County as consideration for this Agreernent will <br />pay annually on or befiore September 1 of each.year, beginning <br />September 1, 2003, for any portion of the 300 acre feet that is not <br />previously or contemporaneously contracted for the annual River bistrict <br />charge. As an example, as of September 1, 2003, if Summit County does . <br />-3-