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(i. Final Settlement or Verdict. <br />If the final award or ven9ict or settlement of just compensation is greater than <br />the Deposit. then the lleposit shal} he and constitute a pattial payment ofthe <br />just compensation in he paid to the Respondent-Landowners and others <br />interested, if atty. rod shall be deducted by the Clerk of fire Court from any <br />award or verdict nr deducted by the Petitioner from the settlement amount <br />agreed upon by the parties. <br />2. If the final award nr verdict of just compensation is less than the T)cpnsiL <br />then the Petitioner agrees that a refund to the Petitioner is not uecessaty. 'fhe <br />minimum payment to the Respondent-Landowners shall be $1,500,000.00 <br />and Respondent-f andowners shall not he reyuired to refimd beyond this <br />amount even if the final award is less than the minimum payment. Any <br />settlement or disclaimers by other named Respondents shall not reduce the <br />minimum payment to Respondent-Landowners. <br />H. No Other interested Partirs. The Respondent-Lartdowners state and verify to [he <br />best of their knowledge that Respondent-Landowners own and are in exclusive possession of the <br />Property, subject to no leases or tenancies or other property interests other than those set forth in <br />the Petition in Condemnation. <br />I. No Waiver. Ry entering into this Stipulation neither party waives its rights to raise <br />any issues pertaining to just compensation at the time of trial. <br />J. Sole Issue at Trial is Just Compensation. The Petitioner and Rcspottdcttt- <br />Landowncrs agree that if there is no setdcment, the mle issue at trial will be the just compensation <br />for the acquisition of the Property. <br />K. Avnraisal. Petitioner grants an additional 90 days under the provisions of CRS § <br />38-1-121 for Respondent Landowners to secure an appraisal of the suhject property. <br />L. Survey. The Petitioner shall provide the Respondent-Landowners wn[h a <br />complete copy of the stwev of the Property prepared by Wcstcrn States Surveying, Inc. In <br />addition. the Petitioner shall stake out un the ground all reference points for the survey that <br />defines the outside boundaries of the Property and the outside boundaries of the Respondeni- <br />Landowners' ownership. <br />M. Respondent-Landowner Easement Across Dam. The Petitioner agrees that the <br />Respondent-landowners shall maintain an easement for ingress and egress downstream of tote <br />dam toe when construction is complete. <br />N. Abandonment. The Petitioner may abandon any portion of the Property that it <br />deems, in its sole discretion- is not necessary for completion of the Project. Any abandonment shall <br />not reyuire a tefund by the Respondent-Landowner of any amount of the lleposit. <br />