Town of Castle Rock Water Provider Agreement

Exhibits D-1, D-2 and D-3. Water Provider's total Obligation is $1,300,970.00
and it is fully funded as follows:
1. 1,300,970.00 deposited into the Escrow Account in cash;
2. N/A in CWCB loan funds pursuant to Loan Contract N/A;
3. N/A in CWCB loan funds pursuant to Loan Contract N/A;
4. N/A in CWCB loan funds pursuant to Loan Contract N/A.
E. Costs of O&M, RRR&R and Other Modifications to the Chatfield Project. Water
Provider shall pay its Pro Rata Share of the payments required by Articles
IV.A.2., IV.A.3. and IV.B of the Water Storage Agreement pertaining to Specific
Repair, Rehabilitation, Reconstruction And Replacement Costs, Joint-Use
Repair, Rehabilitation, Reconstruction And Replacement Costs, Specific Annual
Operation And Maintenance Expenses, Joint-Use Annual Operation And
Maintenance Expenses and Other Modifications to the Chatfield Project, directly
or through CRMC, within the time allowed by Water Storage Agreement Articles
IV.A.2., IV.A.3. and IV.B. CDNR will forward to Water Provider and CRMC the
Government's notification of the annual amount of such payments immediately
upon receipt.
F. Default and Remedies. If Water Provider defaults on any of the payment
obligations described herein, and fails to cure such default within 60 days after
written notice from CDNR or CRMC, the following actions shall be taken:
1. If Water Provider fails to provide all of its Pro Rata Share of the Total
Project Costs, and after notice fails to cure such default, Water Provider
shall relinquish to CDNR the percentage of its Storage Space equal to
the percentage that Water Provider's shortfall bears to its Pro Rata Share
of the Total Project Costs.
a. In the event of such relinquishment, CDNR shall offer the
relinquished Storage Space to the non-defaulting Water Providers
in accordance with Paragraph IIID. above, and if not disposed of
through that process, CDNR may enter into an agreement
identical in substance to this Agreement (except as to the Pro
Rata Share and method of payment) with a party who is not
currently a Water Provider for the use of the relinquished Storage
Space, subject to Paragraph III.D.
2. If Water Provider fails to pay its Pro Rata Share of Annual Operation And
Maintenance Expenses and Repair, Rehabilitation, Reconstruction And
Replacement Costs on a timely basis, Water Provider's right to release
water from and to store additional water in its storage space shall be
suspended until all payments are current, including the payment of any
interest assessed by the Government. If Water Provider fails to pay its
Pro Rata share of Annual Operation And Maintenance Expenses and
Repair, Rehabilitation, Reconstruction And Replacement Costs for a total
of 3 years in a 5 year period, Water Provider shall be in default and its
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