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<br /> <br />./ <br />/~ <br /> <br />. <br /> <br />. <br /> <br />Cli f ford Hall <br />Page 2 <br /> <br />activities conducted by the Contractor." Further, the intent of <br />the last sentence subjecting "this activity" to the limitations <br />of paragraph 17 is not clear. <br /> <br />4. Actual construction of the project must be CO!=l.Il<!itioned upon <br />the Board reaching a satisfactory agreement with the City of <br />Englewood regarding theoQe~.aJ:..ion of the lat ter I s upst ream di ve r- <br />sion structure. Such an agreement must contain the City's accep- <br />tance of responsibility for the impact of... its diversion :ltructur" <br />operations upon the boat chute. Presently, the contract requires <br />only that the City agree the chute design will not adversely <br />arfect the City':o water intake structure and water supply. <br /> <br />5. Paragraph 10 a. is ambiguous in stating that termination <br />occurs upon the "expiration of the terms of paragraph 4." If the <br />intent here is that the contract terminate upon acceptance of the <br />project by the State, in accordance with paragraph III B 5 of <br />Exhibit B, then this should be clearly stated. The term "expira- <br />tion" does not connote the satisfaction of a performance obli- <br />gation which is pre-requisite to contract termination (i.e., ten- <br />dering a final report and obtaining acceptance of the project <br />from the Board). <br /> <br />cc: David Walker, Colorado Water Conservation Board <br />Charles Howe, Chief Deputy Attorney General <br />Linda preslan, Assistant Attorney General <br /> <br />AG Alpha No. NR WC IJUI <br />AG File No. EEL8900472 <br />