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Resolution 2018-59
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Resolution 2018-59
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Last modified
3/12/2021 4:28:58 PM
Creation date
12/19/2018 10:30:09 AM
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Template:
City Council Records
Doc Type
Resolution
Ord/Res - Year
2018
Ord/Res - Number
59
Original Hardcopy Storage
7D6
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RES 2018-59
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FOURTH AMENDMENT TO FIFTH INTERIM AGREEMENT BETWEEN THE <br />MUNICIPAL SUBDISTRICT, <br />NORTHERN COLORADO WATER CONSERVANCY DISTRICT <br />WINDY GAP FIRMING PROJECT WATER ACTIVITY ENTERPRISE, <br />AND <br />THE CITY OF LOUISVILLE <br />FOR PARTICIPATION IN THE <br />WINDY GAP FIRMING PROJECT <br />This Fourth Amendment is made and entered into as of :TQyNuo,,rq , 2011, by <br />and between the Municipal Subdistrict, Northern Colorado Water Conservaficy District (a quasi - <br />municipal entity and political subdivision of the State of Colorado) (the "Subdistrict"), acting by <br />and through its Windy Gap Firming Project Water Activity Enterprise (a government -owned <br />business within the meaning of Article X, Section 20(2)(d), of the Colorado Constitution, <br />organized pursuant to C.R.S. " 37-45 1-101 et seq ), whose address is 220 Water Avenue, <br />Berthoud, Colorado 80513 (the "WGF Enterprise"), and the City of Louisville, whose address is <br />749 Main Street, Louisville, Colorado 80027-1829 ("Participant"), for the purpose of amending <br />the Fifth Interim Agreement between the parties (the "Agreement"). <br />RECITALS <br />WHEREAS, The WGF Enterprise is continuing work on the Fifth Phase of the <br />Project which consists of completion of all local, state and federal permits and approvals <br />required for the Project; detailed engineering design including preparation of plans and <br />specifications for contractor procurement; additional land acquisition, planning and <br />implementation of required mitigation and enhancement measures; and related activities. <br />Completion of the Fifth Phase of the Project on behalf of the Participants will require <br />additional funding in 2019; and <br />WHEREAS, In September of 2016, the City of Loveland executed an <br />Amendment to the Fifth Interim Agreement which adjusted their storage capacity in the <br />Project and which is considered the First Amendment to the Fifth Interim Agreement. <br />WHEREAS, In March of 2017, all Participants executed an Amendment to the <br />Fifth Interim Agreement which adjusted their storage capacity in the Project and adjusted <br />each Participant's costs to date based on the revised storage allocation, and which is <br />considered the Second Amendment to the Fifth Interim Agreement. <br />WHEREAS, In 2018, all Participants executed an Amendment to the Fifth Interim <br />Agreement which included minor adjustments to their storage capacity in the Project and <br />adjusted each Participant's costs to date based on the revised storage allocation, and <br />which is considered the Third Amendment to the Fifth Interim Agreement. <br />Page 1 of 3 <br />
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