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2. The SWSP Participant consents to the SWSP II Right-Of-Way Payment <br /> Agreement and agrees that, upon the payment pursuant to the terms established in <br /> paragraph 4 of the SWSP II Right-Of-Way Payment Agreement, the SWSP <br /> Enterprise, on behalf of the SWSP II participants, will have satisfied their <br /> obligation to pay the SWSP Participant for use of the relevant segment of the <br /> SWSP right-of-way under the terms of the existing SWSP allotment agreements. <br /> This Agreement replaces and supersedes those payment terms set forth in <br /> paragraph 4.e.ii of the existing allotment agreements. The escalated value of the <br /> Right-of-Way is determined using the date of September 30, 2012. The SWSP <br /> Participant agrees to have no claim to payment(s) from the SWSP II participants <br /> for the use of the relevant segment of the SWSP right-of-way for SWSP II upon <br /> such payment. <br /> 3. The payment to each SWSP I Participant shall be as shown in Exhibit C. <br /> 4. This Agreement is the entire agreement between the parties regarding the <br /> payment from the SWSP II participants to the SWSP I Participant for use of the <br /> relevant segment of the SWSP right-of-way and shall be modified by the parties <br /> only by a duty executed written instrument approved by the Board. <br /> 5. Both the SWSP and SWSP II Participants agree to share equally in any future <br /> reimbursement for use of the Right-of-Way for the properties included in this <br /> Agreement. <br /> • <br /> 6. Any future reimbursement by an entity for the utilization of the Right-of-Way <br /> shall be the greater of the value determined for this Agreement or the value <br /> determined by a licensed appraiser at such future time of by any use. In each case <br /> the total value of the Right-of-Way shall be divided by the total number of <br /> existing or proposed pipelines in the Right-of-Way. <br /> 7. This Agreement is subject to approval by the Board and shall become binding <br /> only upon such approval. <br /> 8. Nothing in this Agreement shall constitute a waiver, in whole or in part, of the <br /> governmental immunities, rights, or protections provided to the Northern <br /> Colorado Water Conservancy District or the parties if applicable, by the Colorado <br /> Governmental Immunity Act, C.R.S. §§ 24-10-101 to -120, or any successor or <br /> similar statutes of the State of Colorado. <br /> City o 's l� Board of Water Cof onservancy Northern <br /> / <br /> Colorado Water Conservancy District <br /> Y <br /> Name: NMI '• as__s_' Name: <br /> Title: 1St a ! Title: <br /> 2 <br />