PROJC01855 ‎(2)‎

• Contract/PO #: C153345
• Contractor Name: Hotchkiss, Town of
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Contract Documents

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F",m 6'A.C.02A

COpy

PRuJECT CONTRACT AMENDMENT

THIS CONTRACr~ made this 1st _day of December 1985, by and between the '.
State of Colorado for the use and benefit of the Department of" Natural Resources
(Colorado Water Conservation Board) ,
hereinafter referred to as the State and '2 the Town of Hotchkiss,
P. O. Box 368, Hotchkiss, CO 81419,

hereinafter referred to as the contractor.

WHEREAS. authority exists in the Law and Funds have been budgeted. appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 4008.
G/L Account Number 570 5X. Contract Encumbrance Nl!mbe.c":-15;g_~"Y','" and
ABL Account Number 17051, Org. Un~t 77-77-777,

WHEREAS. relJuired approval. clearance and coordination has been accomplished from and with appropriate
agencies; and

WHEREAS, the State and the Contractor did on April 15, 1981,
enter into a contract for State participation in the repairs of
the domestic water system of the Contractor for the benefit of
its citizens; and

WHEREAS, the Contractor had to complete construction of said
project within two years oDN"'ft of the contract; and

WHEREAS, because of t~e~~ty of the Contractor to
secure moneys to match1fifTa~.'1r.'1t. ~te moneys, part of the
project could not be f.lt~ fr1:J~I,~I,.i 985.

NOW THEREFORE, in consideration of the mutual and dependent
covenants herein contained, it is agreed by the parties hereto as
follows:

1. The Contractor, in consideration for the State's
promises herein set forth, promises to indemnify, save and hold
harmless and defend the State, and all of its employees and
agents, acting officially or otherwise, from any and all
liability, claims, demands, actions, debts, and attorney fees
arising out of, claimed on account of, or in any manner
predicated upon loss or damage to the property of and injuries
to, or death of all persons whatsoever, which may occur, or is
sustained in connection with the performance of this contract, or
by conditions created thereby, or based upon any violation of
any statute, ordinance, or regulation, and the defense of any
such claims or actions.

2. The terms and provisions of paragraph A.1. of that
certain contract dated April 15, 1981, attached hereto as Exhibit
A and incorporated herein by reference shall no longer be
effective. All other terms and provisions of that certain
contract dated April 15, 1981, shall remain in full force and
effect.

3. The State shall amend paragraph A.1. to read as follows:

A. The Contractor agrees that it will:

1. Cause the construction of said project to be completed
within ten (10) years of the date of this contract in
accordance with the project plans and specifications and any
necessary modifications thereof approved by the State. No
payments will be made under this contract until the project
plans and specifications are approved by the State. The
above-mentioned time may be extended by the State if such
time is insufficient because of acts of God or other acts or
circumstances beyond the control of the Contractor.

395.53-<!1-c 0 1 0

524
hotchkiss

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