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PROJC01858 (2)
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PROJC01858 (2)
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Last modified
11/19/2009 11:14:41 AM
Creation date
9/22/2008 11:56:46 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153594
Contractor Name
Handy Ditch Company
Contract Type
Loan
Water District
4
County
Larimer
Bill Number
HB 91-1006
Loan Projects - Doc Type
Contract Documents
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<br />hnn 6'^C-{)2.~ (R 5/851 <br />Handy O'lelch) Dam <br />West (NO.1) <br /> <br />DH MENT OR AGENCY NUMBER <br />l?DA <br />CONTRACT ROUTING l:MBFR <br />,1) <br />tic Encumbrance <br />Terminates C-153586 <br /> <br /> <br />TERMINATION <br />CONTRACT <br /> <br />THIS CONTRACT. made this .2 f/ A day of 1..- /-7 19 91, bv and between the <br />Slale of Colorado for the use and henefit of tit; De\lart~n"t of' Na tural Resourc'es <br />(Colorado Water Conservation Board), <br /> <br />hereinafter referred to as the State. and '2 The Handv Ditch COJ:1panv, <br />P. O. Box 1079, Berthoud, CO 80513, <br /> <br />hereinaflrr referred to as the contractor /Contractor. <br /> <br />WHEREAS, authority exists in the Law and Funds have been budgeted. appropriated and otherwise made <br />.v.il.hle and a sufficient unencumbered b.lance thereof remains available for payment in Fund ,,"umber ~/A . <br />GiL Account Number NIA, (OIuract Encumbrance Number Nil\. : and <br /> <br />WHEREAS, re4uired appruval. clearance and coordination has been accomplished from and with appropriate <br />agencies: and <br /> <br />WHEREAS, the state and the Con~ractor entered into a <br />contract on October 23, 1990 (att~~ 1r~hibit Band <br />incorporated by reference herein),.~ract shall <br />hereinafter be referred to as the nfeasibility report contract," <br />in which the State agreed to pqf....~.~ ij..~~'. Six Thousand <br />Dollars ($6,000) for the purpo~l~ y u ding a <br />feasibility report concerning the rehabi lta of the Handy <br />(Welch) Dam West (No.1); and <br /> <br />WHEREAS, the feasibility report 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 Seven Thousand Seven Hundred Seventy <br />Dollars ($7,770) 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 by <br />whom or to what specifications or plans the subject <br />project is financed, paid, or constructed for so long <br />as construction is initiated within the 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 Seven Thousand Seven Hundred Seventy <br />Dollars ($7,770) shall be payable in ten (10) equal <br />yearly installments of Seven Hundred Seventy-Seven <br />Dollars ($777) each, the first installment to be due <br />and 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 a <br />separate contract (hereinafter referred to as the Uproject <br />contractU) in which the State will loan the Contractor money <br />for the purpose of rehabilitating the Handy (Welch) Dam West <br />(No.1); and <br /> <br />WHEREAS, initiation of construction to perform this <br />rehabilitation work will create an obligation on the part of the <br />Contractor to make payments under the terms, specifically <br />paragraph Nos. 5. and 6., of the existing feasibility report <br />contract; and <br /> <br />WHEREAS, the parties agree that it would be mutually <br />beneficial to terminate the Contractor's separate <br />Seven-Thousand-seven-Hundred-Seventy-Dollar ($7,770) obligation <br />under the feasibility report contract provided that the <br />repayment of the Six Thousand Dollars ($6,000) (which represents <br /> <br />J95-5:t{n'10H <br /> <br />Page I of ~ pages <br />EXHIBIT A <br /> <br />bj4J04 <br />
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