C150036 Contract

• Contract/PO #: C150036
• Contractor Name: Weld County Tri Area Sanitation District
• Contract Type: Loan
• Water District: 2
• County: Adams
• Bill Number: HB 00-1419
• Loan Projects - Doc Type: Contract Documents

2. Pre-DissolutiolllInclusion Activities

2.1 Administration.

I
\-

2.1.1 Dissolution. As soon as is reasonably practical following execution
of this Agreement by both Parties. the Board of Directors ofTri-Area shall petition and
request an order from the Weld County District Court under Part 7 of Alticle 1 of
Title 32. C.R.S, requiring a public hearing and requesting an election of eligible electors
ofTri-Area. on the ques~ion of dissolving Tri-Area effective January 1,2008 (hereinafter
this process carried to its completion shall be referred to as "Dissolution").

2.1.2 Inclusion. If not alreacy accomplished, as soon as is reasonably
practical following execution of this Agreement by all Parties, the Board of Directors of
St. Vrain shall adopt a resolution and present an order (UPetition") to the District Cour~
for inclusion of all of the property wi:hin the boundaries of T!"i-Area into 81. Vrain
pursuant to Part 4. Article 1, Title 32, C.R.S.. calling for an election of the eligible
electors ofTri-Area on the question of such inclusion (hereinafter this process carried to
its completion shan be referred to as "Inclusion").

2.1.3 Documentation and Prosecution. Except as otherwise provided
herein, Tri-Area, at its sole cost and expense, shall produce the documentation necessary
or desirable in the opinion ofTri-Area for the Dissolution, including agreements,
resolutions, notices, election materials (except to the extent prepared by the Clerka!:J.d
Recorder), and property transfer documents and shall be principally responsible for
prosecution of the Dissolution.

St. Vrain shall, with the cooperation ofTri-Area, but at the sole cost and
expense of St. Vrain, produce the documentation necessary or desirable in the opinion of
St. Vrain for the Inclusion. Where necessary, Tn-Area shall execute such documents,
provide such authorization and tf.ke such action as will further assist the efforts of
St. Vrajn in its prosecution of the Inclusion procedures contemplated hereby.

2.1.4 Access to Records. Tri-Area shall provide to St. Vrain unlimited ~
access to its records, including but 110t limited to all accounting l'ecords maintained either
by Tn-Area or any ofits consultants. Where necessary, Tri-Area or appropriate
representatives connected therewith shall execute such documents, provide such
authorizations, and take such actions as are required to allow the full and unrestricted
access contemplated by this section.

2.1.5 Costs. Except ror those costs and expenses incuITed by 81. V rain in
connection with the review ofTri-Area's records and the negotiation of this Agreement,
including 81. Vrain's attorney fees incurred in connection therewith, Tri-Area shan pay
the costs of the Dissolution and St. Vrain shall pay all costs associated with the Inclusion.

2