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HomeMy WebLinkAbout25-37 Reimbursement of Expenses Agreement Last Chance Ditch Company 03-26-2025RESOLUTION NO. 25-37 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, ICI `DO APPROVING A REIMBURSEMENT OF EXPENSES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE LASTCHANCE DITCH COMPANY WHEREAS, the Town of Firestone (-Town") obtained 3.1667 shares ("Firestone Shares") in the Last Chance Ditch Conipany which it desires to change in Water Court from its decreed purpose of agricultural irrigation to uses for the Town; and WHEREAS, Last Chance Ditch Company's Bylaws require that the Town make a written application to the Company's Board of Director's before it can proceed with a change case for the Firestone Shares in Water Court ("Catlin Application"), and WHEREAS, as the To\vn's Catlin application will require the Company to incur administrative, engineering and legal expenses it is appropriate for the Town to reimburse the Company for such costs as set forth in an Agreement between the parties, NOW,THEREFORE. BE FFRSOLVED BY THE BOARD CIF TRUST EES CIF THE, TOWN OF Fws,FONE, COLORADO: The Agreement fior the Reimbursement of Expenses between the Town of Firestone and the Last Chance Ditch Company is approved in substantialtv the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of March, 2025. s4t� o ) ' i —C�o nyc-Jl �.r n rN -riA Eolw. AM TAPPROVE I'V1111 riados Luna, CW, Town Clerk fl, i, I own Attorney La�t Chance Ditch Company P.O. Box 119 Longmont, Colorado!*ZL*11.9 (303) 776-7207 Julie Pasillas Director of Water and Community Resources Town of Firestone 9950 Park Avenue Firestone, CO. 80504 Via: Jp sillas �firesto a_DpLo.gov Aes@Lcwaterlaw,coM Re: Town of Firestone Catlin Application Dear Ms. Pasillas: Thank you for the Catlin Application submitted to the Last Chance Ditch Company ('the Company") pursuant to Article XVII of the Company's Bylaws. Consistent with the Company's Bylaws, the Town of Firestone ("Firestone") as a shareholder of the Company will be responsible for payment of all reasonable associated legal and engineering fees, the Company's administrative costs incurred in reviewing the Catlin Application, as well as any judicial litigation that may follow an approval of the Catlin Application. To ensure all reasonable attorney fees, engineering fees, and administrative costs are reimbursed, the Company • Please do not hesitate to contact me with any questions or concerns. Angie Swanson Secretary/17(pasurer zlm� Printed Name & Title cc: Board of Directors Date Please print below orotherwise provide the address, via email orU.S.mail, that the Last Chance Ditch Company may send its invoices for reimbursement: -via email � via U.S. mail Postal address