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Resolution 2013-10
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Resolution 2013-10
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Last modified
3/12/2021 3:11:32 PM
Creation date
3/6/2013 8:48:54 AM
Metadata
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Template:
City Council Records
Doc Type
Resolution
Signed Date
2/5/2013
Ord/Res - Year
2013
Ord/Res - Number
10
Original Hardcopy Storage
7D6
Supplemental fields
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RES 2013-10
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intention to terminate this Agreement under this paragraph. The SWSP II Participant <br /> shall have until the end of said 30-day period in which to make all past due payments in <br /> full in order to cure its default hereunder. <br /> 4. 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 Agreement. <br /> 5. Any future reimbursement by an entity for the utilization of the Right-of-Way shall be the <br /> greater of the value determined for this Agreement or the value determined by a licensed <br /> appraiser at such future time of by any use. In each case, the total value of the Right-of- <br /> Way shall be divided by the total number of existing or proposed pipelines in the Right- <br /> of-Way. <br /> 6. The SWSP II Participant shall have the right to assign this Agreement subject to approval <br /> by the Board. <br /> 7. In the event that this Agreement is terminated for any reason, the SWSP II Participant <br /> shall not be entitled to any return of any funds paid to the SWSP Enterprise for SWSP II, <br /> and the SWSP Enterprise shall have no further obligations to the SWSP II Participant per <br /> this Agreement. <br /> 8. This Agreement is the entire agreement between the parties regarding the payment from <br /> the SWSP II Participant for use of the relevant segment of the SWSP right-of-way and <br /> shall be modified by the parties only by a duty executed written instrument approved by <br /> the Board. <br /> 9. This Agreement is subject to approval by the Board and shall become binding only upon <br /> such approval. <br /> 10. 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 Colorado Water <br /> Conservancy District or the parties if applicable, by the Colorado Governmental <br /> Immunity Act, C.R.S. §§ 24-10-101 to -120, or any successor or similar statutes of the <br /> State of Colorado. <br /> SWSP II Participant: Board of Directors <br /> Northern Colorado Water <br /> Conservancy District: <br /> Name: Name: <br /> Title: Title: <br /> Address: <br /> 3 <br />
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