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<br />NOW THEREFORE, in consideration of the premises and the mutual <br />covenants herein contained, it is agreed that the Lease Agreement <br />is hereby amended to conform to the provisions hereof and the <br />parties additionally agree as follows: <br /> <br />MODIFICATIONS TO LEASE AGREEMENT <br /> <br />1. Paragraph 20 of the Lease Agreement is hereby deleted and <br />the Lease Agreement, as modified hereby, is now in full force and <br />effect. To the extent that the Lease Agreement is in conflict with <br />this Agreement, the terms of this Agreement shall control. <br /> <br />2. The quantity of water leased by the River District to <br />Denver is confirmed to be 15,000 acre feet per year (April 16 to <br />April 15), which shall be delivered for use in accordance with the <br />Lease Agreement and the Substitution Agreement in quantities not to <br />exceed 30,000 acre feet in anyone year nor 45,000 acre feet over <br />any three consecutive years. <br /> <br />3. Paragraph 6 of the Lease Agreement is amended by deleting <br />all but the first sentence thereof. <br /> <br />4. Paragraph~ 7 and 8 of the Lease Agreement are revoked in <br />their entirety. <br /> <br />RESERVOIR CAPACITY <br /> <br />5. The term "Water Right" as used in this Agreement shall <br />have the same meaning as that term is defined in Paragraph l(b) of <br />the Lease Agreement. <br /> <br />6. In consideration for the payments to be made by Denver to <br />the River District under the terms of this Agreement, the River <br />District shall convey to Denver at the end of the term of the Lease <br />Agreement, by means of the "Special Warranty Water Deed" attached <br />hereto as Exhibit A, the ownership, use and control of forty <br />percent of the Capacity of the Reservoir and forty percent of the <br />Water Right (hereinafter collectively referred to as "Denver <br />Share") . <br /> <br />a. The source(s) of water to be stored in the Denver <br />Share shall be limited to water available under the Water <br />Right. <br /> <br />b. Commitments by the River District for use of the <br />Reservoir and Water Right which do not impede the use and <br />enjoyment of the interests to be conveyed and assigned to <br />Denver for the uses and purposes described in the Lease <br />Agreement, this Agreement and the SubstitM-ion Agreement shall <br /> <br />3 <br />