C150298 Easement & ROW Agreement

• Contract/PO #: C150298
• Contractor Name: Fort Morgan Reservoir & Irrigation Company
• Contract Type: Loan
• Water District: 0
• County: Morgan
• Loan Projects - Doc Type: Contract Documents

the project is not approved by the shareholders, FMRICO may terminate this agreement
upon written notice to Groves.
C. After Project Completion. This Agreement may be terminated after the
Pipeline Project is completed, pursuant to paragraph 7(C) above.
D. In the event the Agreement is terminated pursuant to this paragraph 9, the
parties shall remain liable for their share of the project costs incurred as of the date of
termination in relation to the Pipeline Project.
10. Legal Approvals and Decree Compliance. FMRICO shall be solely responsible
for obtaining and complying with all decrees and/or administrative approvals needed to authorize
the diversion of its water rights through the Pipeline Project. Groves shall be solely responsible
for obtaining and complying with all decrees and/or administrative approvals needed to authorize
the diversion of its water through the Pipeline Project.
11. Assignment.
A. Assignment by FMRICO. FMRICO may assign its rights under this
Agreement, along with its ownership interest in the Pipeline Project without
the prior consent of Groves only if said assignment is to a successor-owner of
the entire FMRICO ditch system. Otherwise, FMRICO may assign its interest
in this Agreement and its ownership in the Pipeline Project to a third party
only after obtaining the written consent of Groves.
B. Assignment by Groves. Groves may assign its rights under this Agreement,
along with its ownership interest in the Pipeline Project without the prior
consent of FMRICO only if said assignment is to a successor-owner of all or a
portion of Groves' farm property that is irrigated by the Groves Augmentation
Plan, and that said successor-owner shall operate the water rights decreed in
the Groves Augmentation Plan for agricultural purposes as decreed in the
Groves Augmentation Plan and for no other purpose. Otherwise, Groves may
assign its interest in this Agreement and its ownership in the Pipeline Project
to a third party only after obtaining the written consent of FMRICO.
C. Right of First Refusal. In the event Groves shall receive a bona fide offer to
purchase the Groves Property and/or Groves ownership interest in the Pipeline
Project, and the offer of purchase shall be satisfactory to FMRICO, Groves
shall give FMRICO the privilege of purchasing the Groves Property and/or its
interest in the Pipeline Project at the price and on the terms of the offer so
made. This privilege shall be given by a notice sent to FMRICO at the
address listed below, as may be changed from time to time, by registered mail,
requiring FMRICO to accept the offer in writing within the period of sixty
(60) days after the mailing of the notice. The failure of FMRICO to accept the
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