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C153701 PIF Contract
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C153701 PIF Contract
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Last modified
7/7/2015 10:46:51 AM
Creation date
7/7/2015 10:43:34 AM
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Loan Projects
Contract/PO #
C153701
Contractor Name
Fort Morgan, City of
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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, <br /> Ill a <br /> order to ensure that there is no lapse in the SWSP Enterprise's rights to access the Federal <br /> Facilities for use in connection with the Carter Lake to Broomfield Pipeline, provided that <br /> the participants therein have provided the SWSP Enterprise with adequate funds to operate, <br /> maintain, repair and replace the Carter Lake to Broomfield Pipeline under the allotment <br /> contracts with the participants therein. <br /> d. The SWSP Enterprise agrees to design, construct, complete, operate, maintain, repair and <br /> replace the Pipeline in accordance with applicable federal, state and local laws, including, <br /> but not limited to, those Colorado statutes which require posting of performance and labor and <br /> material bonds and withholding of retainaae. <br /> e. Allottee's rights in the Pipeline shall not include: <br /> i. Rights-of-Way Acquired in Connection with the Pipeline. All rights-of-way acquired <br /> in connection with the Pipeline shall belong to the SWSP Enterprise subject to the <br /> obligation of SWSP Enterprise to make reimbursement to the Participants for future use <br /> of the rights-of-way as set forth herein. Use of these rights-of-way by any <br /> Participant for any purpose other than the Pipeline is at the sole discretion of the <br /> Board; except that all Participants shall have the right to use the Pipeline rights- <br /> of-way at no increased cost to connect to the Pipeline and obtain delivery of water <br /> at their respective points of delivery described in Schedule A (or any changed point <br /> of delivery), and to cross the Pipeline rights-of-way with their own utility lines so <br /> long as such utility lines do not unreasonably interfere with the operation, <br /> Haintenance and replacement of the Pipeline. This provision shall not in any way <br /> ' fect the exercise by any Participant of its rights in its own property that may be <br /> '}. w� ossed by the rights-of-way acquired in connection with the Pipeline. Except as <br /> prov'.. above, all Entities shall be required to pay the Participants for use of the <br /> •11%;'• ,f-.ay in an amount equal to the greater of a) the appraised value of the right <br /> 1 s, .- he Pipeline rights-of-way at that time or b) one-half of the actual cost <br /> 114 f . . isition of the permanent Pipeline rights-of-way plus all carrying costs <br /> ' including interest at nine percent (9%) from the date of acquisition of the rights-of- <br /> way through the date of conveyance. The payment shall be divided among the <br /> Participants based upon their contributions to the original cost of the Pipeline <br /> rights-of-way determined on a Segment-by-Segment basis as established in the <br /> percentages set forth on Schedule 3-3. <br /> ii. Hydroelectric Power Potential. The SWSP Enterprise shall own all rights to generate <br /> hydroelectric power at any location along the Pipeline; provided, however, that <br /> generation of hydroelectric power shall in no way interfere with the delivery of water <br /> to the Allottee. The Participants shall have the right to participate in the <br /> construction, operation and maintenance of any hydroelectric power generating <br /> facilities along the Pipeline by the SWSP Enterprise, and to the extent they do, they <br /> • shall be entitled to receive revenues generated thereby, but Allottee shall otherwise 1 <br /> have no obligation to pay any part of the cost of construction, operation or <br /> maintenance of any such facilities. Allottee shall own all rights to generate <br /> hydroelectric power at locations along Allottee's pipelines which are connected to but <br /> not part of the Pipeline. Allottee shall not construct pipelines, hydroelectric power <br /> generating facilities, or any other facilities which are hydraulically connected to <br /> the Pipeline without first obtaining prior technical approval for such facilities in <br /> writing from the SWSP Enterprise to ensure that such facilities do not interfere with <br /> the hydraulic characteristics or operations of the Pipeline, or otherwise potentially <br /> damage the Pipeline. Should the Allottee's generation of hydroelectric power or <br /> 6 <br />
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