Settlement Payment. At least one-hundred eighty (180) days before the initial ninety-nine (99) year term of the ROWs expires, the Pueblo shall provide written notice to the County of the amount, if any, by which the FMV of the ROWs has increased net of inflation. The Pueblo’s notice shall include an appraisal by a certified appraiser and an explanation of how the FMV was calculated net of inflation. If the County does not dispute the Pueblo’s calculation of the increase in FMV net of inflation, the County shall pay the increased FMV to the Pueblo before the expiration of the initial ninety-nine (99) year ROW term. However, if the County disputes the increase in FMV, it shall have 60 days after the Pueblo’s notice to obtain a second appraisal of the increase in FMV net of inflation and to provide such appraisal to the Pueblo. The Pueblo and the County shall thereafter (a) agree that the increase of FMV, net of inflation, is the average of the two appraisals or (b) commence dispute resolution in accordance with this Agreement. The County shall use the Special Fund to make the Adjusted FMV Payment. If for any reason the Special Fund fails to generate sufficient revenue for the County to timely make the Adjusted FMV Payment, the County may use other County funds then available to make the Payment, as may be approved and appropriated by the Board of County Commissioners in its discretion.
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Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
