C153664 Engineering report - Laserfiche WebLink

Home Browse Search

I I I I I I I I I I I I I I I I I I I Lost Capaclty avallabie :or sale. :t shall be allocated based c;pcn eac!1 PartiCipant's pre\loc;sly aj]otted capacIty :n the ?1pe!:ne downstrear:1Jf L'le Carter Lake Outlet Works \lcd:flcatJon as set :on.'l en Sc!1edule 3. :I not all of the Lost Capac;ty is purchased by the ot.her Par-oc:pants '~1tl:;:1 L'le nlIlety i901 day period. the SWSP Entef1lr1se may sell the Lost Capac'ty to any ""r.Ltv dOlble to use P'-el;ne ca~ac'-' .e....-~.r -t '" .. .... - '=' 't"' ... t' ..../". ~ .......'....... 0. '........ ~r.ce at which it was ccered to the ?ar-lc:pants. .-\[:er ar:y SL.:.C:' sa:e. any amount U1 e.xcess ci tJ:e unpaJd c:Jarges a..r.d .::s~s ~!L.:S :..-::e:est ~.d any costs that the S\\iS? Enterpnse ':lcurs in per:'c~.:::g ,ts c::.::.;es under this paragraph shall be refunded to the .-'.llottee. li. If the SWSP Enterprise is unable to sell Co':e Lost CaDac::v ..\oL':.:..., ::::-.e,v (90) days after lt is alTered for sale to any Entlty eUg;b!e :0 use P:pe:",e capacity hereunder. the SWSP Enterpr:se shall have the nght to temllnate dellveries to the Allottee. After such terminatJon of deliverY the SWSP Enterprise shaJl continue to offer the Lost CapacIty for sal~ 'at the price at which it was offered to the Participants and water del1ver.es to Allottee shall be resumed ifor capacity for which payments are CUITer.t and which has not been sold) upon sale of the Lost CapacIty to .AJlottee or any other eligIble EntJty. L"npaJd operating and maintenance expenses shall be dra\'.11 from the reserve fund. The reserve fund shall be replenished by the PartiCipants annually. This paragraph shall proV1de the SWSP Enterprise's exclUSIve remedy for recovenr.g adm1n1stration. operation. maintenance. repa.1r and replace:::ent costs L"l the event that Allottee does not appropriate funds or pay L'lose costs as prO\1ded in paragraph 8.a. above. c. The Allottee's payment of annual admJrJstraticn. operation. maintenance. :epaor and replacement charges and costs of the ?1pel1I1e. pursuant to the precedir.g paragraphs 6.b.v.. 6.b.v1.. and 8.b.. does not in any way impa.1r the vested nature of the aJlocation of capacIty pursuant to this Contract and are not . related to the value of that vested right. These obligations do not convert the Allottee's prepaJd right of possession of Its aJlotted capacity in the Plpel1I1e into any form of an executory lease or contract. 9. Ccmllletion Date. Attached hereto as Exhibit 2 Is a time line for construction and completion of the Pipeline. The time l1I1e may be mod1fied for good cause and to be consistent WIth any modlfications to the :-Iovember 12. 1991. contract between the Dlstrtct and the City of Broomfield. The SWSP Enterpnse shall complete construction of the Pipeline in accordance WIth the time Une as modified. subject to force majeure events. any pernusstble delays under the November 12. 1991. contract between the DlStrtct and the City of Broomfield. fallure of the Participants to make required payments under this or s1mi!ar contracts and so long as the delay IS not as a direct or indired result of SWSP Enterprise's negl.1gence. delays beyond the SWSP Enterpnse's reasonable control caused by the construction process or L'1e construction contractors. In addition. the completion date Is subject to change based upon. mutual agreement of all of the Participants. as conditions and avallable Information warrant. 10. ConstructiDn and Financial Rellorts and Meetiru!s. The SWSP Enterprise Il.ill provide Allottee WIth Written monthly repDrts together WIth financial reports regarding payment of charges and costs and expenditures during construction of the P1peline on the progress of construction and the expenditure of funds. In addition. the SWSP Enterprise shall schedule 12