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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 evaporation from 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 Index for Denver-Boulder- <br /> Greeley for All Urban Consumers ("CPI-U"). This pricing establishes the administrative fee to <br /> be remitted by RMCC to the City hereunder and it does not establish a cap on the volume of <br /> water 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 with respect to all water <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 storage structures may be at capacity and the City may be unable to physically divert and <br /> receive RMCC's Fulton Ditch shares. In such case, the City shall allocate to RMCC as Reserved <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 SWSP. <br /> 6 <br />