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3:1.2.2.3 • RMCC's delivery from Reserved Water Storage to the <br />South Platte River; and ? ' <br />3.1.2.3 Within 30 .calendar days -after the end of the month for which <br />the accounting applies, • the City shall provide to RMCC the actual daily <br />delivery /release volumes and locations that the City made on behalf of RMCC for . <br />the prior month. The City shall also provide to RMCC its estimation of RMCC's <br />pro -rata portion of evaporationTrom Reserved Water Storage (i.e., from RMCC's <br />stored Fulton Ditch water) for the prior month. <br />3.2 Unless the City exercises its right of first refusal to acquire both RMCC's <br />Fulton Shares and the Fulton Lateral as provided in Paragraphs 6 and 7 of the August 7, 2012 <br />PSA (which right is confirmed and ratified in Paragraph 3.9 of this Lease and Operating Plan); <br />the City, at its election, may undertake the full administration of the NTP Decree and, in such <br />case, the City and RMCC shall negotiate an appropriate amendment to-this Lease and Operating <br />Plan to address the details of such full administration. In the event the City exercises its right of <br />first refusal to acquire RMCC's Fulton Shares and the Fulton Lateral: as provided in Paragraphs 6 <br />and 7 of the August 7, 2012• PSA, and closes the transaction, then the City shall as part of the: <br />closing of such acquisition also undertake full implementation of the NTP Decree. <br />3.3 - RMCC shall pay the City an annual fee of $34 /acre foot for the City's <br />administration of this Lease and Operating Plan (the "administrative fee ") which fee shall equate <br />to the annual acre foot volume of water delivered by the City hereunder from (i) .the Fulton <br />Ditch to the South Platte River and (ii) from Reserved Water Storage -to the South Platte River <br />(the "administrative fee "), which administrative fee amount (starting at $34 /acre foot) shall be <br />adjusted annually by reference to any increase in the ,Consumer Price, ndex for Denver- Boulder- <br />Greeley fo`r. All Urban Consumers ( "CPI -U "). This pricing establishes the administrative fee to 1. <br />be remitted by RMCC to -the City hereunder and it does not establish a cap on the volume of <br />watei that 'may 'be actually flowed through the City's diversion structures by the City on <br />RMCC's behalf. <br />3.4 RMCC shall not be required to fund the installation of or to independently <br />install any new- diversion structure the -City may require to flow water into or out of a water <br />storage structure lawfully designated for'receipt of the Reserved Water Storage.. Any -means of <br />diversion provided by the City shall include pumping, carriage and measuring devices. <br />3.5 Each Party recognizes and acknowledges for the benefit of the other the <br />importance of clear and open'-communication and coordination ation with respect to all water i <br />diversion, water release and water measuring methods, data and 'timing under this Lease and <br />Operating Plan. The' Parties further recognize and acknowledge* that from time to time, the <br />City's stotage structures may be at capacity and the City may be unable to physically divert and <br />the City shall allocate to RMCC as Reserved <br />receive RMCC's Fulton Ditch shares. In such case, - <br />Water Storage under this Lease and Operating Plan an equivalent volume of water not to exceed <br />150 acre feet then presently in `City storage for use by RMCC and its NTP Decree and the <br />Bromley S W SP. , <br />A <br />