Resolution 2017-23 - Laserfiche WebLink

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SECOND AMENDMENT TO FIFTH INTERIM AGREEMENT BETWEEN THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, AND THE CITY OF LOUISVILLE FOR PARTICIPATION IN THE WINDY GAP FIRMING PROJECT This Second Amendment is made and entered into as of JO , 2017, by and between the Municipal Subdistrict, Northern Colorado Water Conser cy District (a quasi- municipal entity and political subdivision of the State of Colorado) (the "Subdistrict"), acting by and through its Windy Gap Firming 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 (the "WGF Enterprise"), and the City of Louisville, whose address is 749 Main Street, Louisville, Colorado 80027-1829 ("Participant"), for the purpose of amending the Fifth Interim Agreement between the parties (the "Agreement"). RECITALS WHEREAS, The WGF Enterprise is continuing work on the Fifth Phase of the Project which consists of completion of all local, state and federal permits and approvals required for the Project; detailed engineering design including preparation of plans and specifications for contractor procurement; additional land acquisition; planning and implementation of required mitigation and enhancement measures; and related activities. Completion of the Fifth Phase of the Project on behalf of the Participants will require additional funding in 2017; and WHEREAS, In September of 2016, the City of Loveland executed an Amendment to the Fifth Interim Agreement which adjusted their storage capacity in the Project and which is considered the First Amendment to the Fifth Interim Agreement. NOW THEREFORE, in consideration of the foregoing recitals, the Parties agree as follows: 1. Paragraph 2 of the Agreement is of the Agreement is amended to provide that Participant's storage capacity in the Project shall be 2,835 acre feet of water, an increase of 135 acre feet. 2. The Agreement is amended by deletion of paragraph 3 and the substitution of the following new paragraph 3. 3. Participant agrees to provide to the WGF Enterprise funds for its Page 1 of 2