Resolution 2019-47 - Laserfiche WebLink

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FIFTH 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 Fifth Amendment is made and entered into as of , 2020, by and between the Municipal Subdistrict, Northern Colorado Water Conservancy 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. §§ 37-45-101, et seq.), whose address is 220 Water Avenue, Berthoud, Colorado 80513 ("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 2020; and WHEREAS, in September 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; and WHEREAS, in March 2017, all Participants executed an Amendment to the Fifth Interim Agreement which adjusted their storage capacity in the Project and adjusted each Participant's costs to date based on the revised storage allocation, and which is considered the Second Amendment to the Fifth Interim Agreement; and WHEREAS, in 2018, all Participants executed an Amendment to the Fifth Interim Agreement which included minor adjustments to their storage capacity in the project and adjusted each Participant's costs to date based on the revised storage allocation, and which is considered the Third Amendment to the Fifth Interim Agreement; and Page 1 of 8