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HomeMy WebLinkAboutresolution.council.111-12 RESOLUTION# r (Series of 2012) A RESOLUTION DECLARING THAT THE CITY OF ASPEN INTENDS TO PURCHASE SUPPLEMENTAL WATER SUPPLY FROM THE U.S. BUREAU OF RECLAMATION AND THE RUEDI PROJECT AND APPROVING A FINANCIAL AGREEMENT WITH THE BUREAU OF RECLAMATION AND A COST-SHARING AGREEMENT WITH THE COLORADO RIVER WATER CONSERVATION DISTRICT FOR SUCH PURCHASE WHEREAS,the City of Aspen has prospective uses for Ruedi water and wishes to secure a portion of the remaining unallocated water currently being offered;and WHEREAS,potential changes in climate of the central Rocky Mountains threaten to change runoff patterns including the timing and amount of released from snowmelt; and WHEREAS,the City of Aspen currently has a limited supply of raw reservoir storage to act as a hedge against future unknown factors affecting its' water supply; and WHEREAS, USBR can only enter into a contract to sell water from Ruedi Reservoir after satisfying the requirements of the National Environmental Policy Act(NEPA)and requires an interim Financial Agreement with potential Ruedi water purchasers before the end of 2012, such Financial Agreement is attached as Exhibit A and incorporated by this reference; and WHEREAS,the Colorado Water River Conservation District(the"District")has agreed to work with the USBR to coordinate funding of necessary NEPA documentation and the City is willing to pay its proportional share of the cost such documentation pursuant to the Cost Sharing Agreement attached as Exhibit B and incorporated by this reference;and WHEREAS,the City is willing to enter into the necessary agreements, currently Exhibits A and B,to participate in the purchase of supplemental water supplies from Ruedi Reservoir. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: That the Aspen City Council resolves to purchase 400 acre feet of Ruedi Water,contingent upon the USBR's completion of NEPA compliance and USBR's final offer to sell water to Aspen as requested herein;to reimburse its proportionate share of the cost of NEPA compliance and to begin payment to the USBR at an agreed sales price and to pay for its share of operation and maintenance costs. Be it further resolved that the City Council of the City of Aspen hereby approves the Financial Agreement with USBR attached as Exhibit A and the Cost-Sharing Agreement with the District, attached as Exhibit B,both incorporated herein,and does hereby authorize the Mayor to execute both agreements on behalf of the City of Aspen. Dated: • 0L Michael . Ireland,Mayor I,Kathryn S.Koch,duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held,Nwo@ff4�er ,2012. btcembe r 3 Kathryn S.Koch,City Clerk Financial Agreement Number 13XX6C0042 U.S. Department of the Interior Bureau of Reclamation Great Plains Region FINANCIAL AGREEMENT Between the CITY OF ASPEN and the DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION for the Outstanding West Slope Costs of Ruedi Dam and Reservoir Fryingpan-Arkansas Project, Colorado 1. INTRODUCTION This Financial Agreement is entered into between Reclamation and the City of Aspen (herein Signatory) for the limited purpose of establishing the cost of water at Ruedi Reservoir should Reclamation, in its discretion, contract for the sale of water to the Signatory at a future time. As such, this Financial Agreement is not a repayment contract, does not obligate Reclamation to deliver water, and does not create any rights or interests to the Signatory in water at Ruedi Reservoir. 2. AUTHORITY Reclamation's authority for entering into this Financial Agreement includes but is not limited to the following: the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof and supplementary thereto, more particularly Section 9(c)(1) of the Reclamation Project Act of August 4, 1939 (53 Stat. 1187), Title III of the Act of July 3, 1958 (72 Stat. 320) and the Act of August 16, 1962 (76 Stat. 389) (Fry-Ark Act), as amended and supplemented, all collectively referred to as Reclamation law. 3. TERM OF FINANCIAL AGREEMENT This Financial Agreement will become effective upon execution, and shall remain in effect until either a repayment/water delivery contract ("contract") is executed or termination of this Financial Agreement occurs by written notification by either Party. 4. SIGNATORY'S FINANCIAL OBLIGATION A. During the term of this Financial Agreement the Signatory agrees to annually pay a nonrefundable payment of$71.90 per acre-foot(AF) and agrees to pay for an amount equivalent to 400 AF for an annual payment of$28,760.00 by December 31 of each year. B. After full compliance with the requirements of the National Environmental Policy Act, the Endangered Species Act, the National Historic Preservation Act, and other environmental compliance laws and regulations, if Reclamation determines in its discretion to enter into a contract and determines applicable conditions of such contract, the payment of$71.90 per 1 Financial Agreement Number 13XX6C0042 AF required in 4.A. above would be applied as appropriate to the repayment obligation established in any contract with the Signatory. If a contract is not executed in the future with the Signatory, these annual payments will be credited to the outstanding cost of Ruedi Reservoir and the remaining outstanding balance for Ruedi Reservoir will accrue interest including deficit interest and future deficit costs at the applicable annual Water Supply Act interest rate. In no event, will any payments made under this Financial Agreement or any portion thereof be refunded to the Signatory. C. This Financial Agreement acknowledges that the cost of water at Ruedi Reservoir will be $1,289.90 per AF should Reclamation, in its discretion, enter into a contract with the Signatory prior to December 2019. It is understood that the repayment rate of$1,289.90 per AF is in 2012 dollars and will be indexed to current year dollars annually at 1.79% less the sum of the annual payment of$71.90 per AF. This Financial Agreement also acknowledges that if a future contract is executed, the Signatory would have the option to pay the remaining outstanding balance at that time upfront or annually through 2019 with interest at the Fry-Ark Project interest rate of 3.046%. All repayment terns will end in 2019. To illustrate how the repayment schedule will work if Reclamation elects to execute a contract with the Signatory for I AF of water out of Ruedi Reservoir in 2014. The repayment rate in 2012 is $1,289.90 per AF The Signatory makes a payment pursuant to this Financial Agreement due and payable by December 31, 2012 for$71.90 per AF, leaving a remaining outstanding balance of 51,218 per AF in 2013. The 51,218 per AF is then inflated to 2013 dollars by an annual increase of 1.79% ([($1,218 X 1.79%) + S1,2181 = $1,239.80). Then by December 31, 2013, the Signatory pays another annual payment of$71.90 per AF pursuant to this Financial Agreement, leaving the remaining outstanding balance in 2014 as $1,167.90 per AF. As the contract would be executed in 2014, the Signatory would be given the option to upfront pay the remaining outstanding balance of 51,167.90 per AF or make annual payments with interest at 3.046% (Fry-Ark Project interest rate) through 2019. If the Signatory chooses to make annual pervments the annual payment would be $213.92 per AF. If the contract is not executed by 2014, the Signatory would continue to annually pay 571.90 per AF until the execution of the contract and the remaining outstanding balance per AT' would continue to inflate at 1.79%. The table below illustrates the above example with the assumption that the Signatory chooses to make annual payments through 2019 once the contract is executed. 2 Financial Agreement Number 13XX6C0042 Beginning Balance in December 31, 2012 = $I,289.90 e erAF -;;ANNUAL OUTSTANDING PAYMENT PAYMENT PRINCIPAL INTEREST BALANCE 2012 $ 71.90 $ 71.90 $ 0.00 $1,218.00 2013 $ 71.90 $ 50.10 $21.80 $1,167.90 2014 $215.92 $180.35 $35.57 $ 987.56 2015 $215.92 $185.84 $30.08 $ 801.72 2016 $215.92 $191.50 $24.42 $ 610.22 2017 $215.92 $197.33 $18.59 $ 412.88 2018 $215.92 $203.34 $12.58 $ 209.54 2019 $215.92 1 $209.54 $ 6.38 $ 0.00 5. OPERATION, MAINTENANCE AND REPLACEMENT (OM&R) In addition to the above payments,the Signatory will also pay, pursuant to this Financial Agreement, an estimated pro rata share of the OM&R each year per AF which will be adjusted to actual OM&R in the following year. For the year 2012,the Signatory shall pay $2.45 per AF based on actual ONI&R for year 2012, and shall pay $2.52 per AF based on the estimated OM&R for year 2013. 6. KEY OR RESPONSIBLE PERSONNEL The following points of contact will be the representatives for this Financial Agreement. Reclamation's Representative: Eastern Colorado Area Office Bob Rice, Water Rights & Repayment Specialist, (970) 962-4396 Bureau of Reclamation, Eastern Colorado Area Office 11056 West County Road 18E Loveland, CO 80537 rrice @usbr.gov Signatory's Representative: Dave Hornbacher, Director of Utilities and Environmental Initiatives, (970) 920-5110 130 South Galena Street Aspen, CO 81611 7. SIGNATURE PARTIES IN WITNESS WHEREOF, the Parties have executed this Financial Agreement and agree to the terms and conditions on the date and the year written below. 3 Financial Agreement Number 13XX6C0042 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION GREAT PLAINS REGION By: Michael J. Ryan Regional Director, Great Plains Regional Office Date: SIGNATORY By: wo Printed Name: J&&r Title: A4"—Dk Date: 4 WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS This West Slope Cost-Share Agreement ("Agreement") is made and entered into as of , 2012, by and between the following entities: Basalt Water Conservancy District, c/o David Hallford, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602,(970)945-6546. Battlement Mesa Metropolitan District, c/o Tom Zancanella/Matt Dalton, Zancanella & Associates, P.O. Box 1908, Glenwood Springs, Colorado 81602, (970)945-5700. City of Aspen, acting by and through its water utility enterprise, c/o Debbie Quinn, Assistant City Attorney, 130 South Galena, Aspen, CO 81611,(970)920-5057. City of Glenwood Springs, c/o Jeff Hecksel, City Manager, P.O. Box 974, Glenwood Springs, Colorado 81601,(970) 384-6408. City of Rifle, c/o James S. Neu, City Attorney, PO Drawer 2030, Glenwood Springs, CO 81602. Crown Mountain Park and Recreation District, c/o Loyal E. Leavenworth, P.O. Box 1530, Carbondale, Colorado 81623, (970)963-6200. Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise ("River District"), whose address is P.O. Box 1120, Glenwood Springs, Colorado 81602, (970) 945-8522. Elk Meadows Properties, LLC, c/o Sara Dunn, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602, (970) 945-6546. Encana Oil & Gas (USA) Inc., c/o Chris Durrant, P.E., Group Lead -S.R.B.U. Water Management, Encana Oil & Gas (USA)Inc. 370 17th Street, Suite 1700, Denver, Colorado 80202, (303) 895-0748. Exxon Mobil Corporation ("ExxonMobil"), Kristin H. Moseley, Special Water Counsel for ExxonMobil, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300, Boulder, Colorado 80302, (303)443-6800. Garfield County, c/o Andrew Gorgey, County Manager, 109 8`h Street, Suite 219, Glenwood Springs, CO 81601, (970)384-5000. Mid Valley Metropolitan District, c/o Loyal E. Leavenworth, P.O. Box 1530, Carbondale, Colorado 81623,(970)963-6200. Owl Creek Meadows LLC, c/o Kristin H. Moseley, Porzak Browning&Bushong LLP, 929 Pearl Street, Suite 300,Boulder, Colorado 80302, (303)443-6800. Owl Creek Ranch Homeowners Association, c/o Rhonda Bazil, Rhonda J. Bazil, P.C., 230 East Hopkins Avenue, Aspen, Colorado 81611, (970)925-7171. WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 2 Petroleum Development Corp., c/o Ramsey L. Kropf, Patrick, Miller & Kropf, P.C., 730 E. Durant Avenue, Suite 200,Aspen, Colorado 81611, (970) 920-1028. Ruedi Water and Power Authority, c/o Mark Fuller, Executive Director, 0238 Fawn Drive, Carbondale, Colorado 81623, (970)963-4959. Snowmass Water& Sanitation District, c/o Mark Hamilton, Holland &Hart, LLP, 600 East Main Street, Suite 104, Aspen, Colorado 81611, (970)925-3476. Starwood Metropolitan District, Attention: Executive Director/Manager, 121 Stewart Drive, Aspen, Colorado 81611, (970) 925-8939. Ted and Hilda Vaughn, 259 C.R. 320, Rifle, CO 81650-9606 (970) 625-3362. Thomas H. Bailey, c/o Glenn Porzak, Porzak Browning& Bushong, LLP, 929 Pearl Street, Suite 300,Boulder, Colorado 80302, (303)443-6800. Town of Basalt, Attention: Bentley Henderson, Public Works Director, 101 Midland Avenue, Basalt, Colorado 81621, (970) 927-4701. Town of Carbondale, Colorado, c/o Mark Hamilton, Holland & Hart, LLP, 600 East Main Street, Suite 104, Aspen, Colorado 81611, (970) 925-3476. Town of DeBeque, c/o Mark Hamilton, Holland & Hart, LLP, 600 East Main Street, Suite 104, Aspen, Colorado 81611, (970) 925-3476. Town of New Castle, Attention Town Manager, P.O. Box 90, New Castle, Colorado 81647, (970)984-2311. Town of Palisade, c/o Mary Elizabeth Geiger, Sherry A. Caloia, LLC, 1204 Grand Avenue, Glenwood Springs, Colorado 81611, (970) 945-6067. Town of Parachute, Attention: Robert Knight, Town Administrator, P.O. Box 100, Parachute, Colorado 81635, (970)285-7630. Town of Silt, c/o Pamela Woods, Town Administrator, P.O. Box 70, Silt, Colorado 81652, (970) 876-2353. Ute Water Conservancy District, acting by and through the Ute Water Activity Enterprise, c/o Larry Clever, Manager, P.O. Box 460, Grand Junction, Colorado 81502-0460. (970)242-7491. W/J Metropolitan District, c/o Tom Zancanella/Matt Dalton, Zancanella & Associates, P.O. Box 1908, Glenwood Springs, Colorado 81602, (970)945-5700. Westbank Ranch Homeowners Association, c/o John Haines, President, Board of Directors, 28 Fairway Lane, Glenwood Springs, Colorado 81601, (970) 945-9392. West Divide Water Conservancy District, c/o Samuel B. Potter, President, P.O. Box 1478, Rifle, Colorado 81650, (970)625-5421. WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 3 Wildcat Ranch Association, c/o Kristin Moseley, Porzak Browning & Bushong LLP, 929 Pearl Street, Suite 300,Boulder, Colorado 80302, (303) 443-6800. The foregoing entities are referred to herein individually as a Party and collectively as the Parties. RECITALS A. The River District has entered an agreement with the United States, Department of the Interior, Bureau of Reclamation ("Reclamation"), pursuant to the Sundry Civil Expenses Appropriations Act for 1922 (43 U.S.C. § 395) (the "Contributed Funds Act Agreement" or "CFAA"). A copy of the CFAA is attached hereto as Exhibit A. B. One of the purposes of the CFAA is to assign to the River District the role of a clearinghouse to compile funds collected from the Parties hereto, and to provide those funds to Reclamation for costs associated with Reclamation's environmental compliance review of the Parties' respective contract requests for a total of 19,589.5 acre feet of Ruedi Reservoir water repayment contracts, and costs attributable to clarification or amendment of existing Ruedi Reservoir Round I and Round II contracts(all tasks,together referred to as the"Ruedi Reservoir Water Contracts"). C. Another purpose of the CFAA is to assign to the River District the task of compiling information and facilitating the exchange of information between the Parties and Reclamation that is necessary for environmental compliance review of the Ruedi Reservoir Water Contracts. D. The Parties desire to establish the mechanism for the River District to compile funds provided by the Parties necessary to complete the tasks specified in, and to establish responsibilities in the exchange of information in furtherance of, the CFAA. The Parties therefore agree as follows: 1. The Parties consent to the River District acting on behalf of, and as the clearinghouse for information between the Parties and Reclamation, in order to'facilitate the tasks specified in the CFAA. The Parties agree to provide the River District on a timely basis with the information that is necessary for the River District to facilitate environmental compliance review of the Ruedi Reservoir Water Contracts. 2. Costs attributable to the CFAA will be allocated as described in this Agreement. 3. The Parties authorize the River District to enter into appropriate professional services agreement(s) with third-party contractors to perform analyses required by and under the direction of Reclamation for the purpose of analyzing the effects of the actions related to the Ruedi Reservoir Water Contracts. Additionally, the Parties recognize the River District has contracted with Lee Leavenworth (Loyal E. Leavenworth, P.C.) and Bill McDonald (Water Policy Consulting, LLC) to provide as needed and as requested assistance with the CFAA matters and related Reclamation contracting matters, and that the River District may seek contributions to partially offset the River District's costs attributable to the Leavenworth and McDonald work that benefits the Parties. 4. The initial contribution under the CFAA is $100,000 (the "Initial Funds"). Additional contributions are required whenever expenditures leave a balance in the contribution fund of less than $50,000 (the "Additional Contributions"). This Agreement obligates the Parties to contribute their WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 4 respective share of the Initial Funds plus any required Additional Contributions (together referred to as the "Obligated Funds") in the proportions described in paragraph 8 below. 5. The River District entered into the CFAA on behalf of the Parties and will perform the tasks specified therein in good faith, provided adequate funding for the CFAA is provided by the Parties pursuant to this Agreement. The River District will provide the Parties with periodic and timely information regarding the status of the work conducted and fund balance under the CFAA. 6. The River District will seek advice and guidance from Executive Committee of the Parties in the management of actions under the CFAA. The Executive Committee shall consist of one representative of each of the following Parties: a. River District b. Ute , C. Encana One representative selected by Aspen, Carbondale, the Snowmass Water & Sanitation District, and the Basalt Water Conservancy District e. One representative selected by Battlement Mesa Metropolitan District, West Divide Water Conservancy District, and Garfield County The Executive Committee shall meet in person or by telephone as often as necessary to conduct necessary business. All actions and approvals by the Executive Committee shall be made by unanimous agreement, with one vote for each Party that is a member of the Executive Committee. Each Party shall pay the cost of its representative participating in the Executive Committee. 7. The Parties shall reimburse the River District for all professional fees and costs incurred under the CFAA upon receipt of an invoice from the River District. The River District shall invoice each Party once per month for such professional fees and costs in arrears, which invoice shall include a copy of the invoice or other payment documentation received by the River District for the professional fees and costs billed. Each Party shall pay such invoice within 30 days after receipt. Absent a subsequent written agreement of the River District, failure to timely pay an invoice by any Party shall terminate that Party's participation in this Agreement and shall operate as a withdraw of that Party's request for environmental compliance review for a Ruedi Reservoir water supply contract from Reclamation as part of this joint cooperative request. 8. The Obligated Funds will be allocated to and paid to the River District in accordance with the following percentages (subject to future reallocation if one or more Parties withdraws from this Agreement). The Initial Funds will be paid by the Parties to the River District as follows: Parties requesting new contracts Amount (responsible for 90%of$100K):. AF % Due Basalt Water Conservancy District 300 1.53 $1,377.00 Battlement Mesa Metropolitan District 500 2.55 $2,295.00 City of Aspen 400 2.04 $1,836.00 Crown Mountain Park and Recreation District 62 0.32 $288.00 Colorado River Water Conservation District 2,666 13.61 $12,249.00 Elk Meadows Properties, LLC 70 0.36 $324.00 Encana 3,998 20.41 $18,369.00 WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 5 Parties requesting new contracts Amount (responsible for 90% of$IOOK): AF % Due Garfield County 889 4.54 $4,086.00 Mid Valley Metropolitan District 100 0.51 $459.00 Owl Creek Ranch Homeowners Association 15 0.08 $72.00 Petroleum Development Corporation 500 2.55 $2,295.00 Snowmass Water& Sanitation District 500 2.55 $2,295.00 Town of Carbondale 250 1.28 $1,152.00 Town of DeBe ue 100 0.51 $459.00 Town of Palisade 200 1.02 $918.00 Ute Water Conservancy District 8,885 45.37 $40,833.00 Wildcat Ranch Association 50 0.26 $234.00 W/J Metro District 100 0.51 $459.00 Total 19,585 100% $90,000.00 Parties not requesting new contracts Amount (responsible for 10%of$100K): AF % Due City of Glenwood Springs 500 0.54 $540.89 City of Rifle 350 0.38 $378.62 City of Rifle 200 0.22 $216.36 ExxonMobil 6,000 6.49 $6,490.70 Owl Creek Meadows LLC 21 0.02 $22.72 Ruedi Water&Power Authority 185 0.20 $200.13 Starwood Metropolitan District 43 0.05 $46.52 Ted and Hilda Vaughn 15 0.02 $16.23 Thomas H. Bailey 35 0.04 $37.86 Town of Basalt 200 0.22 $216.36 Town of Basalt 300 0.32 $324.53 Town of New Castle 400 0.43 $432.71 Town of Parachute 75 0.08 $81.13 Town of Silt 217 0.23 $234.75 Town of Silt 83 0.09 $89.79 West Divide Water Conservancy District 500 0.54 $540.89 West Divide Water Conservancy District 100 0.11 $108.18 Westbank Ranch Homeowners Association 20 0.02 $21.64 Total 9,223 100% $10,000.00 9. The River District shall not be obligated to pny profe&sionalfees and costs under the CFAA on behalf of the Parties in any calendar 16W i�t unds available from all of tl}e Parties in that calendar �khe V*i t h fight to terminate the CFAA in the event that one or more Parties does not timely pay the invoices provided under this Agreement or if there are insufficient funds available from the Parties to fund the CFAA during a calendar year. WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 6 10. No Party shall be responsible for payment of the obligations of any other Party under this Agreement. The River District will return to the Parties their pro rata amount (without interest) of any funds refunded to the River District by Reclamation pursuant to the CFAA. 11. Each Party shall have the right to terminate its participation in this Agreement at any time by giving 30 days advance written notice of termination to all other Parties. In the event of such termination, the terminating Party shall pay the River District for all professional fees and costs incurred under the CFAA up to the time of the termination, upon receipt of invoices from the River District. After such termination, the terminating Party shall have no further rights or obligations under this Agreement. Unless otherwise agreed by all Parties, termination of this Agreement by one Party shall not terminate the Agreement as to all other Parties. 12. The Parties' obligation to pay the River District their respective costs of all professional fees and costs incurred under the CFAA shall survive termination of the Agreement. 13. This Agreement is the entire agreement between the Parties regarding the subject matter hereof and shall be modified by the Parties only by a duly executed written instrument approved by all Parties. 14. This Agreement may be executed in any number of counterparts. All executed counterparts showing execution by all parties shall together be considered as one original. BASALT WATER CONSERVANCY DISTRICT CITY OF RIFLE By By Don Boyer, President John Hier, City Manager CROWN MOUNTAIN PARK& BATTLEMENT MESA METROPOLITAN RECREATION DISTRICT DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By Chris Woods, Executive Director By President and Authorized Signatory COLORADO RIVER WATER [print name] CONSERVATION DISTRICT, acting by and through its Colorado River Water Projects CITY OF ASPEN, acting by and throu its Enterprise("River District") water utility enterprise � By By • f Eric R.Kuhn, General Manager Michael C. Ireland,May ELK MEADOWS PROPERTIES, LLC CITY OF GLENWOOD SPRINGS A Michigan corporation By By Jeff Hecksel, City Manager Bruce Seyburn, Manager WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 7 ENCANA OIL&GAS (USA) INC. SNOWMASS WATER& SANITATION DISTRICT, a Colorado Special District By Attorney In Fact By Kit Hamby, District Manager EXXON MOBIL CORPORATION STARWOOD METROPOLITAN DISTRICT By Name/Title: By Executive Director/Manager BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO [print name] By TED AND HILDA VAUGHN John Martin, Chair By MID VALLEY METROPOLITAN DISTRICT Ted Vaughn By By Hilda Vaughn William R. Reynolds, Executive Director THOMAS H. BAILEY OWL CREEK MEADOWS LLC By Name/Title: By Name/Title: TOWN OF BASALT OWL CREEK RANCH HOMEOWNERS By ASSOCIATION, a Colorado not-for-profit Name/Title: corporation By TOWN OF CARBONDALE, a Colorado home Larry Marx, President rule municipal corporation PETROLEUM DEVELOPMENT CORP. By Stacey Patch Bernot, Mayor By Authorized Signatory TOWN OF DEBEQUE Name/Title: By RUEDI WATER AND POWER AUTHORITY Wayne Klahn,Mayor By TOWN OF NEW CASTLE Name/Title: By Frank Breslin, Mayor WEST SLOPE COST-SHARE AGREEMENT FOR RUEDI RESERVOIR REPAYMENT CONTRACTS PAGE 8 WESTBANK RANCH HOMEOWNERS TOWN OF PALISADE ASSOCIATION By By Roger L. Grant, Mayor Name/Title: TOWN OF PARACHUTE WEST DIVIDE WATER CONSERVANCY DISTRICT By Name/Title: By Name/Title: TOWN OF SILT By WILDCAT RANCH ASSOCICATION, Name/Title: a Colorado nonprofit corporation UTE WATER CONSERVANCY DISTRICT, By acting by and through the Ute Water Activity William R. Hegberg, President Enterprise W/J METROPOLITAN DISTRICT By Melvin D. Rettig,President By Rebecca Gilbert,President Pagel 11 CITY OF ASPEN 130 S.GALENA ST. DATE PO NUMBER ASPEN, COLORADO 81611 (970)920-5040 12/5/2012 034909 VENDOR: 013702 SHIP TO: City of Aspen Water Department BUREAU OF RECLAMATION 500 DOOLITTLE DRIVE GP REGION:GREAT PLAINS ASPEN,CO 81611 PO BOX 894206 LOS ANGELES, CA 90189-4206 FOB Point: Req.No.:035764 Terms: Dept.: Req.Del.Date: Contact: MCCONNELL, KAREN Confirming? NO Special Inst: Quantity. Unit. Descri tion' Unit Price` Ext.Price WATER/CITY OF ASPEN RESOLUTION#111, 30,748.00 SERIES OF 2012-FINANCIAL AGREEMENT` f;Z/rj//Z �0 t 0-0 BETWEEN THE CITY OF ASPEN AND THE DEPARTMENT.OF THE INTERIOR BUREAU OF RECLAMATIOIN FOR THE OUSTANDING WEST SLOPE COSTS OF•RUEDI DAM AND RESERVOIR FRYINGPAN-ARKANSAS PROJECT,COLORADO. SUBTOTAL 30 748.00 BILL TO: City of Aspen TAX 0.00 130 S GALENA ST FREIGHT 0.00 ASPEN, CO 81$11 TOTAL 30,748.00 Account Number Amount Account'Number Amount E 421.94.94572.86001 30 748.00 I Atlthnri7ad Cinnatnra DEPARTMENT COPY 1. —rtt nnnt 'iv