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C150036 Contract
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C150036 Contract
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Last modified
8/18/2014 1:43:19 PM
Creation date
10/6/2006 12:12:25 AM
Metadata
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Loan Projects
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
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<br />aspect of any liability or any aspect of Tri-Area's wastewater or storm drainage systems, <br />operations or functions that 81. Vrair. is assuming by reason of the Dissolution. <br /> <br />St. Vrain further acknowledges and agrees that it has been given the opportunity to <br />inspect Tri-Area's records, systems, property, etc., and that 81. Vrain is relying solely on <br />81. Vrain's investigation of Tri-Area and its operations and not on any information <br />provided or to be provided by Tri-Area. <br /> <br />St. V rain further uudel:stands and agrees that all liabilities, costs and expense of <br />whatsoever kind or nature, incurred or assumed by St. Vrain, in connection with the <br />Dissolution of Tri-Area may be paid either from St. Vrain's general funds or from <br />whatever cash or other liquid assets Tri-Area has on hand at the time of Dissolution, but <br />under no circumstances shall S1. Vrain impose any special wastewater fee, charge or <br />surcharge upon the customers or upon the properties located within Tri-Area that is not <br />imposed upon St. Vrain's customers generally, even if the net amount received by <br />S1. Vrain for construction of the Interceptor Line is less than $4,000,000.00. <br /> <br />Finally, 81. Vrain hereby fully and irrevocably releases Tri-Area, Tri-Area's <br />employees, representatives and agents fi.om any and all claims that 81. Vrain may now <br />have or hereafter acquire against Tn-Area, its employees, representatives and agents, for <br />any costs, liability, damage, expense, demand, action or cause of action arising from or <br />relating to any unknown liability, expense or defect or other condition ofTri-Area~s <br />property or wastewater or storm drainage systems, including any environmental matters <br />affecting any ofTri-Area's property or any portion thereof, including but not limited to <br />its wastewater treatment facility. It is understood and agreed that 81. Vrain is assuming <br />all such liability and costs in connection with the Dissolution of Tri-Area. <br /> <br />9. Miscellaneous <br /> <br />9.1 Enforcement. Any person who is, or would be an eligible elector of <br />Tri-Area, were it not dissolved, including but not limited to any resident or property <br />owner who resides within the boundaries of Tri-Area as the same now exists, shall have <br />the right to enforce this Agreement and shall have all remedies for enforcement that <br />would be available to Tri-Area were it to remain in existence, whether at law or in equity, <br />including specific performance. The Decree dissolving Tri-Area shall provide for the <br />District Court to retain jurisdiction over this Agreement for the purpose of its <br />enforcement, modification and interpretation from time to time for a period often (to) <br />years from the date the Dissolution Order is entered. <br /> <br />9.2 St. V-rain's Existine: Bonded Indebtedness. IfTri-Area is dissolved, <br />St. Vrnin agrees that it will refund all of its existing outstanding bonds no later than <br />May 31,2008, so that there can be a decrease in St. Vrain's mill levy for the benefit of <br />both St. Vrain and Tn-Area's former customers. <br /> <br />II <br />
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