C153316 PIF Contract

• Contract/PO #: C153316
• Contractor Name: Winter Park Water and Sanitation District
• Contract Type: Loan
• Water District: 0
• County: Grand
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Contract Documents

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"S O4 -00
CONTRACT ROUTING NUMBER
NO ENCUMBRANCE
AMENDED CONTRACT
THIS CONTRACT, made this __.2._n d day of F e b r u a r v 19 Ji by and between the
State of Colorado for the use and benefit of the Department of
t NATURAL nRcnnvrFC
hereinafter referred to as the State, and -2 W into r P a r k w a t e r a -.4 S ^ n i t ' ^^ n' G} r' t
,
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 4 0 0 R ,
GAL Account Number 5 7 0 9 7 , Contract Encumbrance Number C 15 3 31St and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, *3 the State and the Contractor did, on November 1, 1979,
enter into a contract for State participation in the construction
of the Winter Park water supply project for the benefit of the
members of the Winter Park Water and Sanitation District in Grand
County, Colorado, which contract is attached hereto as Exhibit "A"
and is hereby incorporated herein; and
WHEREAS, the State and the Contractor did, on September 1, 1980,
amend the original contract marked as Exhibit "A ", which amended
contract is attached hereto as Exhibit "B" and is hereby incorporated
into this amended contract; and
WHEREAS, the contractor has been unable t y y with
paragraph 2 of the original contract, da em 1979, and
attached hereto as Exhibit "A "; and
WHEREAS, the State is willing to waive th visions of said
paragraph 2 under certain conditions as mo ul y set forth herein.
NOW THEREFORE, in consideration of the ual and dependent
covenants herein contained, it is agreed by the parties hereto as
follows:
1. The terms and provisions of paragraph 2 of that certain contract
dated November 1, 1979, attached hereto as Exhibit "A" and incorpora-
ted herein by reference, shall no longer be effective. All other terms
and provisions of that certain contract dated November 1, 1979, and
that certain amended contract dated September 1, 1980, shall remain
in full force and effect.
2. The state agrees to allow the contractor six (6) months from
the date of this present contract amendment in which either:
(a) to finalize an agreement between the Denver Water
Board and the Winter Park Water and Sanitation District,
which agreement must be acceptable to the Colorado Water
Conservation Board,
(b) to commence and complete condemnation proceedings in
the District Court as contemplated by C.R.S. 1973, 32 -4 -113
(;)1;1. in order to acquire water rights for this project,
which water rights shall be subject to the approval of the
Colorado Water Conservation Board, or
(c) to have prepared a plan of augmentation concerning said
water right, or any other water right, which plan of augmenta-
tion shall be approved by the Colorado-Water Conservation Board
and the Office of the State Engineer, and to file said plan in
the proper water court.
3. If for any reason the Contractor fails to comply with the pro-
. visions of paragraph 2 above, the State reserves the right to implement
the provisions of paragraph A.11 of that certain contract dated
November 1, 1979 attached hereto as Exhibit "A ".
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*(See instructions on reverse of last page.)