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WSP01564
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Last modified
1/26/2010 12:31:39 PM
Creation date
10/11/2006 10:32:02 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8273.600
Description
Colorado River Basin Salinity Control - Federal Agency Reports - USDA
Basin
Colorado Mainstem
Water Division
5
Date
1/1/1991
Title
Colorado SCS Salinity Projects - Part 1 of 3 - General info and The Grand Valley Project
Water Supply Pro - Doc Type
Report/Study
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<br />l-CRSC <br /> <br />EXHIBIT 13 <br />(PAR, 110, 118, 256) <br /> <br />CONTRACT PROVISIONS <br /> <br />(:in addition to <br />01 <br />~ <br />tl\ <br /> <br />provisions in seetion I-III, each person signing section ~I of this contract CRSC-2: <br /> <br />Agrees to perform Salinity Reduction Practices (SRP'S) covered by this contract on the land~ identified <br />on the CRSC-l for this contract, and to repair. maintain, and use the SRP's for the lifespan and purpose,;~~ <br />as specified on the salinity control plan. If a separate operation and Maintenance (O&M) Agreement is ~~$~~ <br />required by COC, as indicated on the front side of this form, the O&M Agreement shall become a part of <br />this contract. The level of cost-share (CIS) payments made by COCo pursuant to this agreement shall be <br />the percentage shown on the Salinity Control Plan (SCP) multiplied by the lower of (1) the actual cost <br />of the inRtallation of the SRP's required by the SCP and (2) the "cost which is determined by ASCS to be <br />the average cost to the public of installing such practices. <br /> <br />2 Agrees to obtain the authorities, rights, easements, or other approvals necessary to perform, maintain, <br />and repair such SRP's. <br /> <br />3 Agrees to grant such authorities, rights, easements, or other approvals to the other participants in the <br />contract to enter upon such participant(sl land as may be necessary to install, maintain, and repair <br />SRP's. <br /> <br />4 Authorizes the person shown in section III on the front of this form to act as agent for the participants <br />of the contract in securing the necessary easements, rights-of-way, labor and equipm.nt, construction <br />detaiLs, compiianc. determinations, r.ports or certifications, and maintaining contacts with COC and <br />designat.d technicians. <br /> <br />5 Agre.s to divide the cost-sharing for any SRP's performed und.r this contract amo~g the eligible <br />participant~ on the basis:of their resp.ctive contributions, as de~ermined by COC, to the cost of <br />performing these SRP's. <br /> <br />6 Agrees to apply for the participant's proportionate share of the total payment earned for the SRP per- <br />formed and, if an ag.nt has been designated according to paragraph 4, such paymenf shali be-certified to <br />by the agent. Such application for paym.nt shall be on form Acp-24S and such application _upon approval <br />shall become a part of this cont~act. coe shall not be required to make any paym.nt under this contract <br />except upon a joint application signed by all -signatories to Section II on the front side of this for.. <br />Application for payment shall b. filed with the COC on Form ACP-245 which shall "be available fro. the <br />COCo <br /> <br />7 <br /> <br />Agrees that a" s.curity interest in the land on which th"e" SRP's are to be performed and any such equip- <br />ment and personal prop.rty as may be acquired with regard to such SRP's as a result of the CIS pay.ent <br />made under this contract shall be executed in favor of the Uni~ed States and may be filed by the COC a <br />the r.pr.s.ntative of the United states in any place of" record in which such r.cords are custoaarily <br />filed -or may be filed. Such int.rest shall secure all payments made under this contract until full" <br />performance of the contract by the participants is complete. <br /> <br />,{":?&-"~ <br />,'''''' <br />.~?: <br /> <br />8 Agrees, that in addition to any other circumstances in which a refund may be due, tha~ the participant <br />will refund all or part of the CRSC Program CIS, as determined by COC pursuant to the progra. <br />regulations,. if any signatory to section II voluntarily relinquish.s control of the land or wate~ rights <br />and the n.w owner refus.s to perform the provisions of the contract~ Such refunds shall be in addition <br />to any other- remedy"-.s may a"pply"in favor of the United stat_es. <br /> <br />9 Agrees that the participants shall b. jointly and severally ~iable fo"r any r.fund due fro. any person <br />under this contract regardless of individual fault. <br /> <br />10 Agrees and stat.s that a copy of the program regulations, the ACP-245, and all oth.r documents ref.rred <br />to in this contract have been made available to such person and each such person acknowledges r.ceipt by <br />their initials: , , Further, <br />each participant understands and agr.es that this contrAct constitutes the entirety of the agr....nt <br />between the coe And the participant and that any oral repr.sentation or previous written representation <br />of any person cannot vary the terms of this agreement. This "agreement may only be modified in writing <br />signed by all parties. <br /> <br />5-13-87 <br /> <br />Amend. 1 <br /> <br />Page <br /> <br />4~'B'; <br /> <br />
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