Resolution 2013-10 - Laserfiche WebLink

Home Browse Search

CONSENT TO AGREEMENT TO PAY FOR RIGHTS-OF-WAY AS PROVIDED BY SOUTHERN WATER SUPPLY PROJECT ALLOTMENT AGREEMENTS This Consent to Agreement to Pay for Rights-of-Way is, by and between an original participant of the Southern Water Supply Project ("SWSP"), the City of Louisville ("SWSP Participant"), whose address is 749 Main St., Louisville, Colorado 80027-1829, and the Northern Colorado Water Conservancy District (a quasi-municipal entity and political subdivision of the State of Colorado)("Northern Water"), acting by and through the Southern Water Supply Project Water Activity Enterprise (a government- owned business within the meaning of Article X, Section 20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. § 37-45.1-101 et seq.), whose address is 220 Water Avenue, Berthoud, Colorado 80513 (hereinafter called the "SWSP Enterprise")(collectively referred to herein as the "Parties"). Recitals A. The SWSP Enterprise operates the SWSP, which is a network of water pipelines in northeastern Colorado that supplies untreated water for municipal purposes from Carter Lake to a number of municipalities and water districts located within the Northern Colorado Water Conservancy District. B. The SWSP Enterprise is developing a second Southern Water Supply Project ("SWSP II"), which would deliver additional untreated water for municipal purposes from Carter Lake to municipalities and water districts located within the Northern Colorado Water Conservancy District that did not participate in the SWSP. C. SWSP II is routed to be constructed within the existing rights-of-way for the SWSP for approximately 12 miles of the length of the SWSP II pipeline. D. The existing rights-of-way acquired for the SWSP are held by Northern Colorado Water Conservancy District, acting by and through the SWSP Enterprise. SWSP II will be constructed, operated, and maintained by the SWSP Enterprise for the benefit of the various SWSP II participants. The SWSP II participants will execute The Agreement to Pay for Rights-Of-Way as provided by the SWSP Allotment Agreements ("SWSP II Right-Of-Way Payment Agreement" attached as Exhibit A). Agreement 1. The Board, in its sole discretion, approves the use of the relevant 12-mile section of the existing SWSP rights-of-way where the SWSP II is routed alongside the SWSP and within the existing SWSP rights-of-way, as indicated on the attached map labeled Exhibit B, (the "relevant segment of the SWSP right-of-way").