Castle Pines North Water Provider Agreement

T. Authority, Appropriation, And Approval. Authority to enter into this Agreement
exists in Title 32, Article 1, C.R.S.; Title 37, Article 45.1, C.R.S.; and Article X,
Section 20 of the Colorado Constitution. Funds have been budgeted and
appropriated pursuant to the Water Provider's adopted Budget; and Water
Provider Resolution No. 2015-008, approved and adopted at a special
meeting of the Board of Directors of the Water Provider duly noticed and held
on September 29, 2015; and funds have been placed into escrow in
accordance with Section IV.D. Financial obligations of the Water Provider
payable after the current fiscal year, identified in Section IV.E above, and
mitigation costs in excess of those identified in Section IV.D, if any, are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available. Required approvals, clearance and coordination
have been accomplished from and with appropriate agencies.
VIII. Required State Provisions. The following provisions apply only when the Water
Provider is an agency of CDNR and do not limit the rights or remedies of other
Water Providers pursuant to their individual Water Provider Agreements:
A. Effective Date. This Agreement shall not be effective or enforceable until it is
approved and signed by the Colorado State Controller or designee
(hereinafter called the "Effective Date"), but shall be effective and enforceable
thereafter in accordance with its provisions.
B. Failure to Perform — Disputes. The failure of a Party to perform its respective
obligations in accordance with the provisions of this Agreement is a breach of
this Agreement. In the event of disputes concerning performance hereunder
or otherwise related to this Agreement, the Parties shall attempt to resolve
them at the divisional level. If this fails, disputes shall be referred to senior
departmental management staff designated by each party. If this fails, the
matter shall be submitted in writing by both Parties to the State Controller,
whose decision shall be final.
C. Records Maintenance. During the term of this Agreement and for a period
terminating upon the later of (i) the six year anniversary of the final payment
under this Agreement or (ii) the resolution of any pending Agreement matters
(the "Record Retention Period"), each Party shall maintain, and allow
inspection and monitoring by the other Party, and any other duly authorized
agent of a governmental agency, of a complete file of all records, documents,
communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the work or the delivery of
services or goods hereunder.
D. Records Inspection. Water Provider shall have the right to inspect CDNR's
performance at all reasonable times and places during the term of this
Agreement. CDNR shall permit Water Provider, and any other duly authorized
agent of a governmental agency having jurisdiction to monitor all activities
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