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CONTRACT <br />THIS CONTRACT, made this 1st day of November 1972, by and between the <br />State of Colorado for the use and benefit of the Department of '1 Natural Resources <br />(Colorado Water Conservation Board) <br />hereinafter referred to as the State, and '2 Winter Park Water and Sanitation District, <br />P.O.. Box 57. Winter Park- rnlnrarin 62nAQ') <br />hereinafter referred to as the contractor <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 4�0 8 <br />G/L Account Number 5 7 0 9 7, Contract Encumbrance Number CJK- -? Lam; and <br />WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate <br />agencies; and <br />WHEREAS, -3 pursuant to Title <br />Statutes 1973, as amended, the <br />Conservation Board, may constri <br />the waters available therefrom <br />Colorado upon conditions to be <br />Conservation Board; and <br />37, Article 60, Colorado Revised <br />State, through the Colorado Water <br />act water resource projects and make <br />to the residents of the State of <br />determined by the Colorado Water <br />WHEREAS, the Contractor is a Water and Sanitation District in <br />the State of Colorado and wishes to undertake construction of a water <br />supply project hereinafter called the projec r t members of the <br />Winter Park Water and Sanitation District i d Colorado, <br />at an estimated cost of One Million Five H u d Dollars <br />($1,500,000); and <br />WHEREAS, a feasibility investigation <br />%co�n <br />al r 'ect was conduc Y 9 ted <br />and it was found that such a project is e �i ly feasible; and <br />WHEREAS, the State, through the .Colorad& -,;,' ter Conservation Board, <br />has agreed to construct said project and to sell the same to the Con- <br />tractor upon mutually agreeable terms and conditions, subject to the <br />approval of appropriations for that purpose by the Colorado General <br />Assembly and the Governor of the State of Colorado; and <br />WHEREAS, pursuant to Senate Bill No. 35, Fifty -First General <br />Assembly of the State of Colorado, duly enacted by the Colorado General <br />Assembly and approved by the Governor of the State of Colorado, there <br />was appropriated to the Colorado Water Conservation Board the sum of <br />Seven Hundred Fifty Thousand Dollars ($750,000) for construction of <br />the Winter Park Project; and <br />WHEREAS, the Contractor has available from its own sources and <br />from a loan and grant approved by the Farmers Home Administration <br />sufficient funds to construct the remainder of the project; <br />NOW THEREFORE, in consideration of the mutual and dependent <br />covenants herein contained, it is agreed by the parties hereto as follows: <br />A. The Contractor agrees that it will: <br />1. Cause the construction of said project to be completed within <br />two (2) years of the effective date of this contract (as defined <br />subsequently) in accordance with the project plans and specifications <br />and any necessary modifications thereof approved by the State. <br />No payments will be made under this contract until the project <br />plans and specifications are approved by the State. Such approval <br />shall be evidenced by letter from the Colorado Water Conservation <br />Board to the Contractor. The parties hereto mutually acknowledge <br />and agree that this Contract shall not become effective and that <br />neither the Colorado Water Conservation Board nor the Contractor <br />shall have or incur any right or obligation hereunder unless and <br />until the foregoing condition is satisfied. The above- mentioned <br />time may be extended by the State if such''time is insufficient because <br />of acts of God or other acts or circumstances beyond the control <br />of the Contractor. <br />Page 1 of 6 pages <br />*(See instructions on reverse of last page.) <br />