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AMENDED AND RESTATED <br /> APPLICATION FOR USE OF WATER <br /> OUTSIDE CORPORATE LIMITS <br /> (CITY OF VICTOR&CC&V) <br /> THIS AMENDED AND RESTATED APPLICATION FOR USE OF WATER <br /> O 'DE T E CORPORATE UIUIITS ("Application"} Is made and entered effective the <br /> y of 2016("Effective Date"j,by and between the City of Victor("Victor") <br /> an the Cripple Creek 8 Victar Gold Mining Company,a Colorado joint venture("CC&V), <br /> Victor and CC&V shall be referred to herein collectively as, the "Parties" or individually <br /> as, a "Party". <br /> RECITALS <br /> WHEREAS, the Parties entered into that certain Application for Use of Water <br /> Dated June 4, 1999 ("Original Application") and the Operating and Maintenance <br /> Agreement dated August 1, 1999 ("OMA")for the sale, purchase and transport of water; <br /> and <br /> WHEREAS,the Application has been amended and supplemented pursuant to the <br /> following agreements: <br /> a. 2006 Amendment; <br /> b. 2008 Amendment; <br /> C. 2010 Amendment; and <br /> d. Supplemental Water Supply Agreement dated November 20t',2003 <br /> and executed on February 4,2004("Supplemental Agreement")(the <br /> Original Application,the 2008 Amendment and the 2010 Amendment <br /> and the Supplemental Agreement referred to herein collectively as <br /> the"Victor Agreements';and <br /> WHEREAS, in addition to the above referenced agreements CC&V has entered <br /> into that certain Agreement for Lease of Water With the City of Cripple Creek ("Cripple <br /> Creek")executed effective January 1, 2015(°Cripple Creek tease"); and <br /> WHEREAS, pursuant to the Cripple Creek Lease, Cripple Creek has agreed to <br /> lease annually 250 acre feet of water to CC&V, of which 172 acre feet are delivered first <br /> to Victor for subsequent sale to CC&V('Transferred WOW); and <br /> WHEREAS,the sale of the Transferred Water is managed pursuant to a separate <br /> agreement by and between Victor and Cripple Creek;and <br /> WHEREAS,the Parties and Cripple Creek have agreed that the price CC&V pays <br /> Cripple Creek and Victor per acre feet of water should be consistent("Consistency'); and <br /> 1 <br />