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FROM.: UGRWCD FAX NO. : 970 641 7606 Jul. 18 2002 01:54PM P3 <br />contained, and for other good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the parties agree as follows: <br />1. Design of Whitewater Park The parties acknowledge that the Whitewater Park <br />has been designed by Recreation Engineering & Planning, and consists of a whitewater course <br />extending approximately one - quarter mile, composed of several structures designed to <br />concentrate and direct the flow of the Gunnison River, a landscaped terraced play area adjacent <br />to the boating put in area, a new trail, and landscaping and parking areas. All costs associated <br />with the design of the Whitewater Park have been borne by the County_ <br />2. Changes to Final Design of Whitewater Park The County shall provide copies of <br />any changes to the final design drawings and specifications to the District prior to <br />commencement of construction so that the District can verify that any such changes are <br />consistent with the District's water court application. The parties recognize that if the water <br />court application is filed prior to commencement of construction, and if the whitewater course is <br />not designed and constructed substantially as it is described in the water rights application, it <br />may be necessary to amend the application, resulting in additional expense and delay and <br />possibly additional opposition. Therefore, no substantial changes shall be made to the approved <br />final plans and specifications without both parties' prior written approval, which shall not be <br />unreasonably withheld. - <br />3. Permits, Approvals and Rights of Way The County shall be responsible for <br />obtaining and, if necessary, extending, all permits and other governmental approvals required to <br />construct, operate, maintain and repair the Whitewater Park These permits and approvals may <br />include, but are not necessarily limited to, any required zoning and land use approvals, 404 <br />permits, other construction permits, permits for the storage and disposal of materials, access <br />permits, road construction permits; approvals for use of existing roads, and any approvals or <br />permits required as a result of the proximity of the Gunnison County Airport. In addition, the <br />County shall be solely responsible for acquiring all rights -of -way required for the construction <br />and use of the Whitewater Park. The District shall support the County's permit applications, but <br />shall not be required to expend any District funds in order to provide such support_ Within 30 <br />days of the date of execution of this Agreement, the County shall provide to the District an <br />opinion of counsel stating that there are no permitting requirements that will render legally <br />impossible the construction and use of the whitewater course or the Whitewater Park. <br />4. Constructiotl of Whitewater park. Upon approval of the final design drawings <br />and acquisition of all necessary permits and approvals, the County shall proceed with diligence <br />to construct the Whitewater Park (including the whitewater course) in accordance with the <br />approved design drawings, plans and specifications, at its expense. The County shall serve as <br />Project Manager and, at its expense, shall be responsible for contracting for and overseeing <br />0) <br />