HomeMy WebLinkAbout25-129 Approving Amend. 1 to 21st Interim Agmt Northern Integrated Supply Project Water Activity Enterprise 12-10-2025RESOLUTION 25-129
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING THE AMENDMENT NO. I TO TWENT -FIRST
INTERIM AGREEMENT WITH THE NORTHERN INTEGRATED SUPPLY PROJECT
WATER ACTIVITY ENTERPRISE AND THE TOWN OF FIRESTONE COLORADO
ACTING WITH AND ON BEHALF OF THE FIRESTONE WATER ACTIVITY
ENTERPRISE FOR PARTICIPATION IN THE NORTHERN INTEGRATED SUPPLY
PROJECT
WHEREAS, the Northern Integrated Supply Project Water Activity Enterprise ("NISP
Enterprise" or "NISP" ) is developing a water project (Project",) for the purpose of developing a
water supply for the beneficial use of the Town of Firestone acting with and on behalf of the
Firestone Water Activity Enterprise and other entities; and
WHEREAS, overall Project costs are divided among the entities that participate in the
Project, and
WHREAS, Phases 1, 2 and 4 of the Project have been completed and years one through
six of the 3 Phase, have been completed; and
WI-TEREAS, it is necessary that NISP pursue years 7 through 20 f the Project (referred
to as Phase 3A) which will consist of further consultation, permitting with the U.S. Army Corps
of Engineers and other agencies, compliance with the National Environmental Policy Act and
other requirements for federal permitting, field work, and analysis for permitting, modeling, and
other activities related to designing and permitting the Project; and;
WHEREAS, Phase 5 of the Project consists of the Glade Reservoir final design, highway
287 relocation final design and Construction Manager/General Contractor design involvement,
and completion of the Galeton Darn preliminary design; and
WHEREAS, Phase 6 involves continued NISP conveyance delivery refinement, South
Platte Water Conservation Project negotiations, land and easement definition and purchase, and
potential advancement of tine -sensitive mitigation activities and:
WHEREAS, Phase 7 involves the development of a NISP Allotment Contract, financial
project planning, legal defense of the Project permits, and overall project administration; and
WHLRIiAS, it is necessary that NISP pursue Phases 3A. 5. d, 7 and 8 of the Project at this
time in order to be able to complete the Project on the time schedule desired by the participants;
and
WHEREAS, pursuing Phases 3A, 5, 6 and 7 of the Project on behalf of the participants
will require continued funding from the participants; and
WHEREAS, Funds provided by Participant to NISP Enterprise pursuant to the Agreement
for work on Phases 3A, 5, 6, 7 and 8 of the Project (as defined in the Agreement) for 2025 that are
unspent as of December 31, 2025, may be retained and spent by NIP Enterprise on costs to continue
the pursuit of Phases 3A, 5, 6, 7, and 8 up to April 30, 2026 without a new interim agreement. NISP
Enterprise shall not use such funds for any purposes unrelated to Phases 3A, 5, 6, 7 and 8 of the
Project without the prior written consent of Participant.
NOW, THEREFORE, E IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN F FIRESTONE, COLORADO;
The Amendment No. 1 to the Twenty -First interim Agreement between the Northern
Integrated Supply Project Water Activity Enterprise and the Town of Firestone acting with and
on behalf of the Firestone eater Activity Enterprise for continued participation in the Northern
Integrated Supply Project is approve ed in substantially the same form as the copy attached hereto
and made a part of this resolution and the Mayor is authorized to execute the Amendment No. I
to the Twenty -First Interim Agreement on behalf of the Town of Firestone acting with and on
behalf of the Firestone Water Activity Enterprise.
PASSED AND ADOPTED this I a' Day of December, 2025
APPE A ".I O I
all Keith Martin, Towwi.r Attorney`
AMENDMENT NO, I TO
TENTY-FIRT INTERIM AGREEMENT WITH THE
NORTH!RN INTEGRATED SUPPLY PROJECT WATER ACTIVITY ENTERPRISE
FOR PARTICIPATION IN THE
NORTHERN INTEGRATED SUPPLY PROJECT
This Amendment No. I ("Amendment"), dated this day of 2025,
modifies the Twenty -First Interim Agreement with the Northern Integrated Supply Project Water
Activity Enterprise for Participation in the Northern Integrated Supply Project between the
Northern Integrated Supply Project Water Activity Enterprise, a government -owned business,
within the meaning of Article X, § 20(2)(d) of the Colorado Constitution, organized pursuant to
C.R.S. § 37-45,1-101; et seq., owned by the Northern Colorado Water Conservancy District, and
whose address is 220 Water Avenue, Berthoud, Colorado 80513 (the ""NIP Enterprise"), and the
Town of Firestone, a municipal corporation, acting with and on behalf of the Firestone Water
Activity Enterprise, a government -owned business within the meaning of Article X, § 20(2)(d) of
the Colorado Constitution, organized pursuant to C.R.S. § 37-45. i -1 01 et seq., and owned by the
Town of Firestone, whose address is 9950 Park Avenue, Firestone, CO 80504, ("Participant")
dated January 23, 2025, ("Agreement"). All provisions of the Agreement not specifically
modified in this, Amendment No. I shall remain in full force and effect in accordance with their;
terms,
The Agreement is modified as described below.
1. Funds provided by Participant to NIP Enterprise pursuant to the Agreement for work
on Phases 3A, 5, 6, 7 and 8 of the Project (as defined in the Agreement) for 2025 that
are unspent as of December 31, 2025, may he retained and spent by NISI' Enterprise
on costs to continue the pursuit of Phases 3A, 5, 6, 7, and 8 up to April 30, 2026
without a new interim agreement. NISP Enterprise shall not use such funds for any
purposes unrelated to Phases 3A, 5, 6, 7 and 8 of the Project without the prior written
consent of Participant.
IN WITNESS WHEREOF, NISP Enterprise and Participant have executed this Amendment No.
I on the date first set out above.
THE TOWN F FIRESTONE, A MUNICIPAL CORPORATION,
ACTING WITH AND ON BEHALF OF TIME FIRESTONE WATER ACTIVITY
ENTERPRISE, agovernment-owned business within the meaning of Article X,
20(2)(d) of the Colorado Constitution, organized pursuant to CR.§ 37.45.1-.l01 et seq.
a'ame: LAJ
Title. 4
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By: f
Braille . Wind, P.11.
General Manager