Laserfiche WebLink
<br /> <br />EXHIBIT A <br /> <br />Fonn 6-AC-02A (R 5/85\ <br /> <br />No Encumbrance <br />TERMINATION <br />CONTRACT Terminates Contract <br />No. C-153486 <br /> <br />THIS CONTRACT. made this ;?/ d day of iJ//-rl-<' 198~. by and between the <br />State of Colorado for the use and benefit of the Depart~ of ., Na tural Resources <br />(Colorado Water Conservation Board) , <br />hereinafter referred to as the State. and'2 the Farmers Water Developmen t Comoany, <br />Box 387, Norwood, CO 81423, <br /> <br />hereinafter referred to as the contractor. <br /> <br />WHEREAS. authority exists in the Law and Funds have been budgeted. appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment in Fund Number N fA . <br />GlL Account Number N/A . Contract Encumbrance Number N/A ; and <br /> <br />WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate <br />agencies: and <br /> <br />WHEREAS, the State and the Contractor entered into a <br />contract on February 15. 1987 (attached as Exhibit Band <br />incorporated by reference herein), which contract shall <br />hereinafter be referred to as the:mJ'f . ility report <br />contract," in which the State aD ay the Contractor <br />Sixty Thousand Dollars ($60,OOOJ[B purpose of partially <br />funding a feasibility report concern~~teurepair and <br />rehabilitation of the.GUrle~~ ~1lJ JJL; <br /> <br />WHEREAS, the feasibility~~rt contract provided in part <br />the following terms: <br /> <br />5. In consideration of the State assuming a portion <br />of the cost of the preparation of the said project <br />feasibility report. the Contractor shall pay to the <br />State the sum of Seventy-Seven Thousand Seven Hundred <br />Dollars ($77.700) provided that construction of the <br />subject water project is initiated within ten (10) <br />years of the date of this contract. The Contractor <br />shall fulfill this Obligation irrespective of how, or <br />by whom, the subject water project is financed or paid <br />for so long as construction is initiated within the <br />specified time. <br /> <br />6. In the event the Contractor must make payment <br />pursuant to the terms of paragraph 5 above, then the <br />said sum of Seventy-Seven Thousand Seven Hundred <br />Dollars ($77,700) shall be payable in-ten (10) equal <br />installments of Seven Thousand Seven Hundred Dollars <br />($7,700) each, the first installment to be due and <br />payable upon the January 1st next succeeding the <br />initiation of construction on the said water project. <br />SUbsequent payments shall be due and payable on January <br />1st of each year thereafter. <br /> <br />WHEREAS, the State and the Contractor intend to enter into <br />a separate contract (hereinafter referred to as the "project <br />contract") in which the State will loan the Contractor money <br />for the purpose of repairing the Gurley Dam; and <br /> <br />WHEREAS, initiation of construction to repair the Gurley <br />Dam will create an Obligation on the part of the Contractor to <br />make payments under the terms. specifically paragraph Nos. 5 <br />and 6, of the existing feasibility report contract; and <br /> <br />WHEREAS, the parties agree that it would be mutually <br />beneficial to terminate the Contractor's separate Sixty <br />Thousand Dollars ($60,000) Obligation under the feasibility <br />report contract provided that the repayment of the Sixty <br />Thousand Dollars ($60,000) (Which represents the principal <br />amount provided by the State for the purpose of partially <br /> <br />395-53<*1014 ' <br /> <br />EXHIBIT A <br />Page I of -1- pages <br /> <br />6754E <br />