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IF A <br />Form 6 -AC -02A (R 5185) <br />W /TEPV K &PB <br />Barnes Meadows Dam <br />111PARTti"�„ r OR A(;ENCV NUMBER <br />34 -04 -00 <br />CONTRA,--, KO(!TING NU%1BE.R <br />PROJECT $192,317 <br />CONTRACT <br />and Promissory Note <br />THIS CONTRACT, made this ��' day of ����,� 19 91 . by and between the <br />State of Colorado for the use and benefit of the Department of '' Natural Resources <br />(Colorado Water Conservation Board), <br />hereinafter referred to as the State, and .z the City of Greeley, <br />Greeley Civic Center, 1000 10th Street. Greel -ev. Colorado. <br />hereinafter referred to as the contractor /Contractor or Borrower. <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 aypilable fo pavment in Fund Number 4008 <br />G/L Account Number 5378X, Contract Encumbrance Numb and <br />ABL Account No. 13780, Org. Unit 77 -77 -777, <br />WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate <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 projects for the <br />benefit of the people of the State provided that the Contractor <br />assures repayment of that money; and <br />WHEREAS, the Contractor is a duly constituted city in <br />State of Colorado and it wishes to construct, or cause to <br />constructed, the rehabilitation of its Barnes Meadow Dam <br />appurtenant structures, hereinaft~ 0metimes called the <br />project. which is located in La Cou ty, Colorado, at <br />estimated cost of Four Hundre T s nd Dollars <br />the <br />be <br />and <br />an <br />($430,000); and - <br />WHEREAS, on July 1, 1987, th es entered into a <br />feasibility report contract, a a d hereto as Exhibit A <br />feasibility investigation o roject was conducted and the <br />State has determined that su project is technically and <br />financially feasible; and <br />WHEREAS, on 6 199,/, the State and the <br />Contractor entered into a termination contract, attached hereto <br />as Exhibit A,-which terminated the Exhibit B feasibility report <br />contract previously 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 <br />Twenty -Two Thousand Six Hundred Eighty -Three Dollars ($22,683) <br />under the terms and conditions of that Exhibit A termination <br />contract in consideration of the State's partial financing of <br />the feasibility report for the project pursuant to the Exhibit <br />B feasibility report contract; 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 Contractor agree that the <br />repayment of the feasibility report funding shall be <br />consolidated with the repayment of the project construction <br />loan; and <br />WHEREAS, pursuant to the Contractor's Home Rule Charter. <br />the Contractor has authority to contract to borrow money, <br />provided that said contract is signed by the current Chairman <br />of the Greeley Water and Sewer Board, and to levy assessments <br />assuring repayment to the State according to the terms of the <br />contract; and <br />3594E* <br />3953301.1014 page I of 10 pages <br />