Resolution 2013-10 - Laserfiche WebLink

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F. Also per paragraph 4.e.ii of the existing SWSP allotment agreements, all entities, including the SWSP II Participant under this Agreement, are required to pay the SWSP participants for use of the right-of-way in an amount equal to the greater of a) the appraised value of the right to so use the SWSP right-of-way at that time or b) one-half of the actual cost of acquisition of the permanent SWSP right-of-way plus all carrying costs including interest at nine percent (9%) from the date of acquisition of the right-of-way through the date of conveyance. G. Also per paragraph 4.e.ii of the existing SWSP allotment agreements, the payment to the SWSP participants shall be divided among themselves based upon their contributions to the original cost of the SWSP right-of-way determined on a segment-by-segment basis as established in the percentages set forth on Schedule B-3 to the existing SWSP allotment agreements. H. Additional separate agreements for SWSP II between Northern Water acting through the SWSP Enterprise and the SWSP II participants, such as other interim agreements and Allotment contracts, are forthcoming. In addition, the SWSP participants will consent to the payment from the SWSP II participants in separate Consents to Agreement to Pay for Rights-of-Way as Provided by Southern Water Supply Project Allotment Agreements. Accordingly, the parties, subject to the Board's approval, hereby enter into the following agreement for the SWSP II Participant's payment to use the existing SWSP rights-of- way, in that section of SWSP II routed adjacent to SWSP within the existing SWSP rights-of-way, per the payment method as outlined in the existing SWSP allotment agreements and herein. Agreement 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 A, (the "relevant segment of the SWSP right-of-way"). 2. As required by paragraph 4.e.ii of the existing SWSP allotment agreements, the SWSP II Participant agrees to pay the SWSP participants for use of the relevant segment of the SWSP right-of-way in an amount equal to its pro-rata share of one-half of the actual cost of acquisition of the relevant segment of the permanent SWSP right-of-way plus all carrying costs including interest at nine percent (9%) from the date of acquisition of the right-of-way through the date of September 30, 2012. The property-specific calculation with escalation is provided in Exhibit B. The SWSP II participant-specific calculation is provided in Exhibit C. 3. In the event that the SWSP II Participant fails to make the payments set forth above by December 31, 2012, the Board shall have the right to terminate this Agreement. The Board shall give the SWSP II Participant thirty (30) days' advance written notice of its 2