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Fam 6-AC-02A (R S/831 � <br />t>i/PFs <br />W/Termination K APPENDIX A <br />PROJECT <br />CONTRACT <br />THIS CONTRACT, msde [his 28th day of June <br />Sia�c o( Cobrado for the u+e and benefit of tne Department of �� <br />(Colorado water Conservation Board <br />hereinafter referred tu as the State, and 'z The Iiau�Y La; <br />11747 Co. Rd. 41, Mancos, CO 81328 <br />hereinafier referrcd to as the contwctur /Contractor. <br />fK' y'fi - ll rY,�f <br />U A � y~.~ Nrti� CIRAGENCY'�LNBlK � <br />34-09-00� <br />CUNTRnCT ROUTIN(: hUMBFR i <br />� ;� <br />$98,000 <br />198 �. by and between the <br />WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made <br />yvailyble and a sufficient unencumbered balance �hereof remains �v,�it� jg fo �payment in Eund Number.�—. <br />G/L Account Number�. Contract Encumbrmce Numbe ���� 4 `: and <br />ABL Account No. 14090 ,-0rg. Unit 77-77-777, <br />WHEREAS, reyuired approv�l, clearance and coordinatiun has been accomplished from and with appropriace <br />agencies: and <br />WHEREAS, pursuant to the provisions of 37-60-119 and <br />37-60-120, Colorado Revised Statutes, the State is authorized <br />to loan money for the construction of water prajects for the <br />benefit of the peogle of the State provided that the Contractor <br />assures repayment of that money: and <br />WHEREAS, the Contractor is a water company in the State of <br />Colorado and it wishes to improve the facilities of the Bauer <br />No. 1 Reservoir Dam, hereinafter sometimes called the project, <br />for the benefit of the shareholders of the wat�r company in <br />Montezuma County, Coloraao, at an estimated co�t of Two Hundred <br />Thousand Dollars ($200,000); and <br />'WHEREAS, on September 24, parties entered into a <br />feasibility report contract, ac ed here as Exhibit B. A <br />feasibility investiqation of s' j�'�'t 1as, conducted and the <br />State has determined that �� o e�3.�echnically and <br />financially feasible; and Jy' C'� � 1 <br />�' � %1�' < <--, o � ; G <br />WHEREAS, on June 28 , 1989, the State and the <br />Contrac�or entered into a termination con�tract, attached hereto <br />as Exhibit A, which terminated the Exhibit B feasibility report <br />contract previous2y entered into between the parties; and <br />WHEREAS, the termination contract provides that the <br />Contractor will repay to the State the principal amount of Twu <br />Thousand Dollars (�2.000) under the terms and conditions of <br />that Exhibit A termination contract in consideration of the <br />State's partial financinq of the�feasibility report for the <br />project pursuant to the Exhibit B feasibility report contract; <br />and <br />WHEREAS, the State now desires by this project contract to <br />loan money for the construction of said project upon mutually <br />agreeable terms and conditions, subject to the availability of <br />funding for that purpose; and <br />WHEREAS, the State and the Cont=actor agree that the <br />repayment of the feasibility report funding shall be <br />Zt�n�olidated with the repayment of the project construction <br />loan: and , <br />ii�i�REA5, pursuant to the Contractor's By-Laws, the <br />�Ce�►L�actor has authority to contract to borrow money provided <br />that a Resolution be duly passed by its Board of Directors and <br />�c► levy assessments assuring repayment of the State accordinq <br />to the terms of the contract; and <br />APPENDIX A <br />�30'F10'IM1 <br />Rs�e 1 nf�_ paees <br />?917E <br />