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NO DECLARATION 756699 7/112019 4:45 PM Debra A Green <br /> 2 of 23 R$123.00 D$0.00 Park County Clerk <br /> permission of the Buyer, and would require the transferee's or assignees' agreement to operate <br /> and use of such space in a manner not inconsistent with Buyer's overall operations of the <br /> proposed reservoir facility. The Parties further agree there may be no more than four <br /> assignments of Seller's storage increments, i.e. the entire Seller's storage amount may be <br /> subdivided into only four units and those four units may not be further divided nor may they be <br /> further transferred or assigned Following completion of permitting and construction and after <br /> commencement of full operations of any reservoir that Buyer may construct upon the Subject <br /> Property, the Parties agree that Buyer and Seller, for itself and on behalf of all who might <br /> succeed to an interest in any Seller space, will in good faith develop an operating protocol <br /> regarding any Seller space comprised of and including the 100 acre-feet described in Section 1 <br /> above and any portion of the 400 acre-foot optional space that is the subject of this Section 2 <br /> ("Operating Protocol"). The Parties agree the Operating Protocol will, inter alfa, specify that <br /> delivery of any water into HSR's space will at Aurora's discretion physically occur at a location <br /> upon the South Platte River that does not require the construction of new diversion facilities at or <br /> upstream of Spinney Mountain Reservoir ("SMR"). The Parties further agree the Operating <br /> Protocol will, inter alio, specify that release of any water from Seller's space will at Buyer's <br /> discretion physically occur at any reservoir that Buyer may construct upon the Subject Property <br /> or at some other location upon the South Platte River at or downstream of the outlet works of <br /> SMR. The Parties further agree the Operating Protocol will,inter alia,specify the minimum rate <br /> of any release will be no lower than 0.01 cubic feet per second. The Parties further agree the <br /> Operating Protocol will, inter alia, specify the rate of release may be changed no more <br /> frequently than one time per month. The Parties further agree the Operating Protocol will,inter <br /> alta,specify that changes in the rate of release will only be made during regular business hours <br /> (8:00 AM to 5:00 PM)weekdays excluding holidays observed by the City of Aurora. <br /> 3. Other than the retained storage space and retained option interests described in Sections 1 <br /> and 2 above and the rights to the operation thereof that are herein described, Seller has not <br /> retained nor will it have any other rights of storage, carnage or other interests in the reservoir <br /> facility or the Inflow&Outflow Channels. <br /> B. Retained Limited Recreational Access described in the LP&SA <br /> 4. The Parties agree that the reservoir site includes a Buffer Zone that will surround the <br /> contemplated reservoir facility. No development will be allowed in the Buffer Zone except that <br /> done by Buyer in connection with the contemplated reservoir facility. Seller owns subdivided <br /> lots comprising two contiguous bands of lots the Parties expect will more or less surround the <br /> proposed reservoir which contiguous bands will be immediately adjacent to the Buffer Zone that <br /> will not be sold to the Buyer. The real property comprising these subdivided lots not sold to the <br /> Buyer is outlined on EshRt E of the LP&SA described above. Buyer agrees the Seller and its <br /> successors have retained an interest allowing non-motorized pedestrian access at locations <br /> designated by the Buyer across the Buffer Zone to the completed reservoir facility for those <br /> immediately adjacent lots only that are described in Exhibit E of the LP&SA described above <br /> Seller and its successors agree they have assumed and will assume any and all risks associated <br /> with or incident to their use of any such access and further agree to hold Buyer harmless from <br /> any losses or damages resulting from such use. The Parties agree that nothing in Seller's retained <br /> limited recreational access interest and nothing in this Agreement may interfere with or <br /> supersede any general public access for recreational purpose that Buyer might care to develop. <br /> 2 <br />