C153701 Contract - Laserfiche WebLink

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'."~~~~ order to ensure that there is no lapse in the S.SP Enterprise's rights to access the Federal Facilities for use in connection ,ith the Carter Lake to Broonfield Pipeline, provided that the participants therein have provided the SwSP Enterprise with adequate funds to operate, maintain, repair and replace the Carter Lake :0 Broomfield Pipeline under the allotment contracts with the participants therein. d. The SWSP Enterprise agrees to design, construct, complete, operate, maintain, repair and replace the Pipeline in accordance with applicable federal, state and local laws, including, but not limited to, those Colorado statutes ,hicb require posting of performance and labor and material bonds and withholding of retainage. ' e. Allottee's rights in the Pipeline shall not include; i. Rights-of-Way Acquired in Connection with the Pipeline. All rights-of-way acquired in connection with the Pipeline shall belong to the S.SP Enterprise subject to the obligation of SwSP Enterprise to make reiobursement to the Participants for future use of the rights-of-way as set forth herein. Ose of these rights-of-way by any Participant for any purpose other than the Pipeline is at tbe sole discretion of the Board; except that all Participants shall have the right to use the Pipeline rights- of-way at no increased cost to connect to the Pipeline and obtain delivery of water at their respective points of delivery described in Schedule A (or any changed point of delivery), and to cross the Pipeline rights-of-way with their own utility lines so long as such utility lines do not unreasonably interfere with the operation, maintenance and replacemer.t of the Pipeline. This provision shall not in any way affect the exercise by any Participant of its rights in its own property that may be crossed by the rights-of-',ay acquired in connection .ith the Pipeline. Except as provided above, all Entities shall be required to pay the Participants for use of the rights-Of-way in an amount equal to the greater of a) the appraised value of the right to so use the Pipeline rights-of-way at that time orb) one-half of the actual cost of acquisition of the penanent Pipeline rights-of-',ay plus all carrying costs including interest at nine percent i9%) from the date of acquisition of the rights-of- way through the date of conveyance. The paynent shall be divided among the Participants based upon their contributions to the original cost of the Pipeline rights-of-way deternined on a Segment-by-Segment basis as established in the percentages set forth on Schedule 3-3. 11. Hydroelectric POwer Potential. The SwSP Enterprise shall own all rights to generate hydroelectric po',er at any location along :he Pipeline; provided, however, that generation of hydroelectric po.er shall in no .ay interfere with the delivery of water to the Allottee. 'Tbe Participants shall have the right to participate in the construction, operation' and maintenance of any hydroelectric power generating facilities along the Pipeline by the S.SP Enterprise, and to the extent they do, they shall be entitled to receive revenues ge~erated thereby, but Allottee shall otherwise have no Obligation to pay any part of the cost of construction, operation or maintenance of any such facilities. -'.lloHee shall own all rights to generate hydroelectric power at locations along Allottee's pipelines which are connected to but not part of the Pipeline. Allottee shall Jot construct pipelines, hydroelectric power generating facilities, or any other facilities wbich are hydraulically connected to the Pipeline ,ithout :irs: obtainina prior technical approval for such facilities in .Titing from the SwSP Enterprise to ensure that such facilities do not interfere with the hydraulic characteristics or operations of the Pipeline, or other,ise potentially damage the Pipeline, Should the Ulottee's generation of hydroelectric power or 6