Laserfiche WebLink
<br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />VII. Construction Contingencies <br /> <br />A. Construction of the Reservoir Enlargement by the River District is contingent <br />upon the execution of an Amended and Restated Agreement between the River District, <br />Craig, and the Yampa Participants regarding long term OM&R of the Reservoir <br />Enlargement. <br /> <br />B. Construction of the Reservoir Enlargement by the River District is contingent <br />upon the River District fmding an acceptable construction contractor willing to place a <br />bid at an acceptable price and entering into an acceptable construction contract. An <br />acceptable bid at an acceptable price shall be deemed to include a bid within five (5) <br />percent ofthe estimated Reservoir Enlargement Cost of Construction. <br /> <br />C. Construction of the Reservoir Enlargement by the River District is contingent <br />upon obtaining the necessary permits from local, state, and federal agencies. <br /> <br />D. Prior to exercising any right not to construct the Reservoir Enlargement pursuant <br />to paragraphs VILA., VII.B, and VII.C., herein the River District agrees to consult with <br />the Recovery Program and the parties hereto to discuss the contingency(ies) at issue and <br />explore how the Reservoir Enlargement project can proceed despite the existence of such <br />contingency(ies). <br /> <br />E. In the event the River District exercises a right not to construct the Reservoir <br />Enlargement pursuant to paragraphs VILA., VII.B., or VILC. herein, any funds received <br />by the River District from Reclamation or DNR and expended by the River District for <br />items included in the Reservoir Enlargement Cost of Construction, shall not be <br />reimbursable to Reclamation or DNR. In the event such funds are spent on real property <br />acquisition, the River District shall reimburse Reclamation and/or DNR the amount of the <br />funds spent on real property or easement acquisition minus a ten percent (10%) <br />management fee. <br /> <br />F. The obligations of the Recpvery Program through Reclamation contained in this <br />Reservoir Enlargement Agreement are contingent upon DNR executing a non- <br />reimbursable expenditure contract with the River District to pay a portion of the <br />Recovery Program Obligation. Prior to the River District soliciting a bid for construction <br />of the Reservoir Enlargement, the River District shall notify Reclamation and the Service <br />in the event that DNR does not execute a non-reimbursable expenditure contract with the <br />River District. Upon notice by the River District to the parties hereto that DNR will not <br />execute a non-reimbursable contract, Reclamation and the Service may cancel this <br />Reservoir Enlargement Agreement or renegotiate the terms thereof with the River <br />District. <br /> <br />VIII. Notice <br /> <br />13 <br />