C153701 PIF Contract

• Contract/PO #: C153701
• Contractor Name: Fort Morgan, City of
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

• i
n. "Subdistrict water" shall mean the quantity of water acquired and obtained by the Subdistrict
from the development and construction of the Windy Gap Project pursuant to applicable state
law, and which is deliverable to Subdistrict ailottees.
2. Allocation of Capacity.
a. SWSP Enterprise covenants that Allottee shall have the perpetual, exclusive right to use 6.13
million GPD of capacity in the Pipeline from its point of delivery on the Carter Lake to
Broomfield Pipeline to the delivery point described in Schedule A attached hereto, upon
completion of construction thereof. Allottee's water will be delivered to Allottee by SWSP
Enterprise through the Pipeline at Allottee's request and on a year-round, continuous basis
except for disruptions specifically permitted herein and disruptions resulting from
emergencies. Allottee shall not have the right to use capacity in the Pipeline allotted to
any other Participant without the express permission of the Participant whose capacity is being
utilized.
b. SWSP Enterprise shall provide Allottee with eighty (80) days' prior written notice of any
scheduled disruption in the delivery rights of Allottee described herein. Such eighty (80)
day notice shall include the date scheduled for initiation and termination of the disruption.
Allottee shall respond within thirty (30) days of receipt of the eighty (80) day notice and
such thirty (30) day response notice shall notify SWSP Ent: b.. .e. s ■ whether the disruption
is acceptable or unacceptable. If the scheduled disrupt ``w ,4ac pr • Allottee shall
state conditions under which the disruption would be a • t.!>A ,' • and provide a
minimum disruption of seven (7) consecutive da , SWSP Enterprise . not proceed in
permitting the scheduled disruption unless and un' ,s r. ;. le response notice have
been addressed to reasonably assure unimpaired 0:' .,-e o ' `4's s , is ...ers.
F
� ,.
Yti
c. Allottee's delivery point from the Pipeline set out above and the minim�i '. ` -c elevation
at the delivery point described in Schedule B shall not be changed by the SWSP Enterprise
without the written consent of Allottee. The Allottee at its sole discretion may designate
one or more alternate points for delivery from its delivery point described in Schedule A to
another point upstream on the Pipeline without the consent of SWSP Enterprise so long as the
change redesignation does not adversely affect the hydraulic characteristics or operation of
the Pipeline; provided, however, Allottee shall pay all costs of design, engineering,
construction and administration of changing its delivery point(s).
d. In the event that the Pipeline, after completion of construction, has capacity in excess of
the initially allocated capacity ("Excess Capacity"), Allottee shall have the perpetual,
exclusive right to use a pro rata share of the Excess Capacity at Allottee's point of delivery.
The Allottee's pro rata share of the Excess Capacity shall be the Allottee's percentage of the
total Individual Segment Specific Costs and Non-Segment Specific Costs of the Pipeline for all
Segments. Allottee's perpetual, exclusive right to use Excess Capacity hereunder shall be at
no increased cost and shall be subject to Allottee's full compliance with all the terms,
conditions and obligations hereinafter set forth. Allottee shall have the right, at its
written request, to have the Excess Capacity allocated in one (1) or more additional Allotment
Contracts.
e. The allocation of capacity pursuant to this Contract constitutes a vested property right for
which the Allottee has paid fair and adequate consideration. Said allocation is not in any
way executory in nature and it is the parties' intent and the economic substance of this
transaction that upon the payment of Allottee's Construction Costs, the Allottee shall have
3