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5,000 acre-feet by allowing it to be placed in either Granby Reservoir <br />and/or Azure Reservoir, as more particularly set forth in said agreement <br />and, <br />WHEREnS, County is interested in purchasing from Middle <br />Park a certain portion of the water that is designated to be stored <br />in Granby Reservoir subject to the terms and conditions of said agreemer <br />NOW, THEREFORE, in consideration of the premises, mutual <br />covenants and agreements, it is agreed as follows: <br />(1) The water specifically subject to this Agreement is <br />that stated and described in the Windy Gap Agreement. <br />(2) Middle Park makes no warranties or representations <br />regarding the suitability of•this particular water for the purposes <br />of County, and it shall be County's duty to perform whatever engineerin( <br />and legal studies necessary to ascertain whether or not ttiis water <br />right is adequate for their purposes. This Agreement is subject <br />to existing water law, and it shall be the obligation of County to <br />initiate and pay for whatever water right Court proceedings are necessa. <br />to transfer these water rights to the location and use necessary <br />for the County. <br />(3) Middle Park hereby agrees at closing to convey to <br />County 60 acre-feet per year of water free of charge which shall <br />be conveyed to County conveyed to County in the form of a quit claim <br />deed, a copy of which is attached hereto as Exhibit "B" and made <br />a part hereof by this reference. Said water shall be a portion of <br />that water as mentioned in said Windy Gap Agreement to be placed <br />in Granby Reservoir as provided in said Windy Gap Agreement. There <br />is no annual charge for the water, unless Middle Park is cliarged <br />for the release of water from Granby Reservoir. This will represent <br />a service charge for said water and shall be paid on or before Septembe <br />lst every year, together with an estimate of the amount of water <br />that County out of its allotted contractual amount will be utilizing, <br />suc2i that Middle Park can certify to the Dlunicipal Subdistrict as <br />provided in the Windy Gap Agreement as to the useage for the coming <br />year. <br />- 2 -