C153664 Engineering report - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I I .-'JJottee agree L'1at. so long as the ParUc:pants have proVlc!ed SwS? ::"te~,.,se adequate funds to ceslgn. constIllct. operate. mamtaJn. repa;r and replace :"~e Pipeline under dlis Contract. ln ~.e event of non-performance by SWSP Enterpnse. Allottee shall have L'le light to a remedy of specillc performance to require SWSP Snterpr1se to perform Its obligations as set fOM herelIl or t.'1e nght to damal(es. or bOL'l. The SWSP Snterprise's financial obl1gauons to deSIgn. consLruct. operate. maintain. repalr and replace L1.e P!pe!Jne under :..';~s Contr~ct shall be p~yable solely out of the assets and revenues of the SWSP 2nte~r:se: proVided. however. SWSP Enterpnse shall be l!able for Its neg!!ge'-:ce or gross negl1gence. The Allottee does not waJve any light of acuon L'lat :t may have agaJnst L'le SWSP Enterprise or the D!SU1ct for l1ability anslIlg from tort. subject and pursuant to applicable law. In no event shall the SWSP Enterpr.se be required to expend any money from taxes which is In violation of Sect.1on 20(4) of ArtIcle X of the Colorado Constitution III the performance of Its obligations under this Contract or which would cause SWSP Enterprise to lose its enterpnse status as such status is defined III the Colorado ConsUtution. c. The SWSP EnterpriSe warrants and represents that the District has the lawful and phYSical ability to construct. operate. malntaln and utilize the Carter Lake Dam :-<0. I Outlet Works and the St. Vraln Supply Canal. and any other federal fac!lIties owned by the U.S. Bureau of Reclamation (collectively. the "Federal Facuities") for the purpose of dellvenng water from the Carter Lake Dam :-<0. I Outlet Works through the PIpeline at the capaCities allotted to the PartiCipants subject and pursuant to the Repayment Contract dated July 5. 1938. between the DlsU1ct and the U.S. Bureau of Reclamation. as amended. and the Special Use PennJt Contract :-<0. 2-LM.60-L2308. Issued to the DisU1ct by the U. S. Bureau of Reclamation. The SWSP EnterpI1se covenants that !t shall comply with all terms and condJtionS of sald Special Use PennJt and malntaln It III fu:J force and effect throughout its term. and that It shall successIVely apply for Loe Issuance of new pennJts. 1f necessary. In order to ensure that there Is nD lapse 1n the SWSP Enterprlse's rights to access the federal FacUities for use in connection with the Pipeline. prOVided that Participants have prOVided the SWSP Enterprise with adequate funds to operate. malntain. repair and replace the Pipeline under the Contract. d. The SWSP EnterpriSe agrees to design. construct. complete. operate. maintain. repalr and replace the Pipeline in accordance With applicable federal. state and local laws. lncluclJng, but not llm1ted to. those Colorado statutes which require posting of performance and labor and material bonds and withholding of retainage. Allottee's rights In the Pipeline shall not lIlclude: I. Capacity In Carter Lake Outlet Works ModJ.flcatloD Above the Total Capacity Allotted to Putlelpantl. Except as prOVided In paragraphs 2.d. and 2.e. above. any capacity In the Carter Lake Outlet Works ModJflcation above the tDtal capacity allotted to Participants shall belong to the SWSP EnterpriSe. This capacity may be used by the SWSP Enterprise. allotted to any Participant or future PartiCipant at the sole discretion of the Board or allotted to any other Entity at the sole dJscretion of the Board upon payment of a fee so long as the fee equals or exceeds the cost of SWSP Enterprise In creating such capacity. If the fee is less than the cost of creating such capacity. then Allottee shall have a right of first refusal on such capacity. which shall be exercised and/ or extinguished on the same terms as the right of first refusal 1n paragraph 2.h. above. The fee collected by SWSP Enterprise from any e. 6