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D R A F T- Revised 5/13/05 <br />SETTLEMENT AGREEMENT <br />THIS AGREEMENT dated effective as of this 1'Oth day of May, 2005, is between Formatted: Font: Bold, small caps <br />the City of Steamboat Springs, Colorado (the "City") and the Upper Yampa Water <br />Conservancy District, the Board of County Commissioners of Routt County, Colorado, <br />the Town. of Oak Creek, the Town of Yampa, the Morrison Creek Metropolitan Water <br />and Sanitation District, VGS Enterprises, R & S Ranch, Wharton Development Group, <br />and Michael and SusamLe Holloran (collectively the "Opposer Coalition"), <br />WHEREAS, the City has filed a- n application for a recreational in- channel Formatted: Font: Bold, Small caps <br />diversion for the City of Steamboat Springs Boating Park (the "Boating Park RICD ") <br />currently pending in the District Court in and for Water Division No, 6 (the "Water <br />Court") in Case No. 03CW86. <br />,Wr[EREAS, the.Opposer Coalition has fired statements of opposition to the City's _ - Formatted_ Font: Bold, small Caps <br />application in Case No. 03CW86. <br />WHEREAS, the parties desire to enter into a full and complete settlement of all I Formatted: Fans: Bold, Small caps <br />issues in Case No. 03CW86, and address the other water right cases and issues specified <br />below. <br />AVOW, THEREFORE, for Sped and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, the parties agree as follows: <br />1. Consent Decrees. <br />(a) Upon execution of this Agreement, the parties will jointly file with <br />the Water Court in Case No. 03CW86 the motion and stipulation that is attached hereto <br />as Exhibit 1, together with the proposed Ruling and Decree of the Water Court in Case <br />No, 03CW86 that is attached hereto as Exhibit 2, <br />(b) Whether or not any other entity that is a party (or any entity that <br />3C _ <br />subsequently seeks party status) in Case No, 0W86 files an opposition to the joint <br />motion and stipulation that is attached hereto as Exhibit 1, the parties to this Agreement <br />agree upon execution of this Agreement to also immediately file with the Water Calut the <br />alternate joint motion and stipulation that is attached hereto as Exhibit 3, together with <br />the alternate proposed Ruling and Decree of the Water Court that is attached hereto as <br />Exhibit 4. Such Exhibit 3 express) provides .tat it is pplicable only �i-s_an automatic <br />alternative binding, up-on the City and opposer Coalition if and only if the Court does 1101 <br />grant '! nd- approve Exhibit Land Issue Lxlalbrt 2, os, such at , i�t approval and issuance_ are <br />finally reversed on appeal. All parties agree in good Faith to take all lawful steps to rlrae <br />grid Vro ppig tl�c_fi_nal.T�,prov._al_�lld issututcc oi'.i xhibits l aizd_2 rather than Fxlaibit 3 <br />and 4. <br />Revised Settlement Agreement <br />I- f Formatted: Font: Bold, small caps <br />Formatted; Font: B <br />1. old <br />}} <br />- - -- -J <br />- •- L Deleted: If ��--- �- - -��•� <br />