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WHEREAS, accordingly, the parties enter into this Agreement to clarify and document <br /> their intentions and mutual rights and responsibilities with respect to funding, administration, <br /> planning,design,land acquisition,and construction of the projects. <br /> NOW, THEREFORE, in consideration of the mutual promises of the parties and other <br /> good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the <br /> parties agree as follows: <br /> ARTICLE I <br /> DEFINITIONS <br /> Definitions. In this Agreement, capitalized terms not otherwise defined shall have the <br /> meanings respectively assigned thereto in the Recitals to this Agreement or as provided in this <br /> Section 1,unless the context clearly requires a different meaning: <br /> "Boxelder Basin Regional Stormwater Authority" or "Authority" shall mean the <br /> regional stormwater authority formed by agreement of the Board of <br /> Commissioners of Larimer County, Colorado, City of Fort Collins,Colorado,and <br /> the Town of Wellington, Colorado entitled Intergovernmental Agreement for <br /> Stormwater Cooperation and Management dated August 20,2008. <br /> "Boxelder Basin Regional Stormwater Authority Master Plan" or "Master Plan" <br /> shall mean the Boxelder Creek Regional Stormwater Master Plan adopted by the <br /> Authority's members in October of 2006, and as may be amended from time to <br /> time. <br /> "Projects" shall mean the two projects for storm drainage improvements to <br /> significantly reduce the 100-Year stormwater runoff within the Boxelder Creek <br /> Drainage Basin that contribute to the flooding potential in Boxelder Creek as <br /> identified in Section 2.1 of this Agreement. <br /> "East Side Detention Facility" shall mean that particular stormwater detention <br /> facility described in Subsection 2.1 (a) and the work required to design, engineer, <br /> and construct the same. <br /> "Larimer and Weld Canal Crossing" shall mean that crossing of the Larimer and <br /> Weld Canal described in Subsection 2.1 (b), and the work required to design, <br /> engineer,and construct the same. <br /> "Construction Costs" shall mean all costs incurred by the Authority for the <br /> Projects including, but not limited to, administration, legal fees, land acquisition, <br /> design,engineering,permit fees,and construction. <br /> Page 2 of 10 <br />