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CONSTRUCTION CONTRIBUTION <br />AND RESERVE FUND CONTRIBUTION AGREEMENT <br /> <br /> This Construction Contribution and Reserve Fund Contribution Agreement (this <br />"Agreement") is entered into by and between the City of Louisville, Colorado, a municipal <br />corporation (the "City") of the State of Colorado (the "State"), and the Humane Society of <br />Boulder Valley, Inc., a Colorado not-for-profit corporation ("the Humane Society"). This <br />Agreement shall be effective as of December 1, 2000: <br /> <br />WlTNESSETH: <br /> <br /> WHEREAS, the Humane Society is the owner of (a)certain real property in Boulder <br />County, Colorado described in the attached Exhibit B (the "Property"); and (b)certain <br />improvements currently existing on the Property; and <br /> <br /> WHEREAS, the Humane Society's Property and the improvements thereon are Used as a <br />shelter and treatment facility for the health and general welfare of domestic, non-human animals; <br />and <br /> <br /> WHEREAS, the City has entered into an Agreement for Animal Impoundment Services <br />(the "Animal Impoundment Agreement"), by and between the Humane Society and the City, <br />whereby the Humane Society provides non-human animal control services within the City's <br />boundaries for the benefit of the City and its citizens, which services include, but are not limited <br />to, locating and impounding non-human animals, in addition to providing food, care, medical <br />treatment and placement services for those impounded animals; and <br /> <br /> WHEREAS, the City has not previously compensated the Humane Society for the City's <br />use of the Property pursuant to the Animal Care Contract; and <br /> <br /> WHEREAS, pursuant to the Animal Impoundment Agreement, the City has compensated <br />the Humane Society, in part, for its operating expenses incurred in providing transportation, food, <br />staff, equipment, medical treatment and placement services for impounded animals; and <br /> <br /> WHEREAS, the Humane Society intends to build a new shelter and treatment facility (the <br />"Facility,") on its Property, and a portion of such Facility will be used to care for non-human <br />animals pursuant to the terms of the Animal Impoundment Agreement; and <br /> <br /> WHEREAS, this Agreement sets forth the terms and conditions by which the City, in <br />consideration for using a portion of the Facility to house non-human animals on behalf of the <br />City, will pay certain costs related to (a) the costs of constructing the Facility and (b) a Reserve <br />Fund for the payment of certain repair and replacement costs of the Facility; and <br /> <br /> WHEREAS, the City's agreement to make such payments described above, as defined <br />and more fully explained herein, shall be in addition to any sums paid or to be paid by the City <br />pursuant to the Animal Impoundment Agreement; and <br /> <br /> <br />