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Form 6 -AC -02A (R SBS) <br />IA PAR I "* N - R AGENCY NUMBER <br />4 0 BARNES MEADOWS 34 -04 -00 <br />DAM EXHIBIT A CONTRAc r ROUTING NUMBER <br />NO ENCUMBRANCE <br />TERMINATION <br />CONTRACT <br />THIS CONTRACT, made this day of 19 _ . 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 '2 the City of Greeley, <br />Greeley Civic Center, 919 7th St., Greeley, CO 80631, <br />hereinafter referred to as the contractor /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 N/A <br />G/L Account Number N/A , Contract Encumbrance Number N/A : and <br />WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate <br />agencies: and <br />WHEREAS, the State and the Contractor entered into a <br />contract on July 1, 1987 (attached as k.xhibit B and <br />incorporated by reference herein), which contract shall <br />hereinafter be referred to as the "feasibility report <br />contract," in which the State agreed to pay the Contractor <br />Twenty -Two Thousand Six Hundred Eig ty- 'I't;c a Dollars ($22,683) <br />for the purpose of partially fund F, `t �; bi.l ity report <br />concerning the rehabilitation of ������ eadow Dam and <br />Reservoir; and _ <br />WHEREAS, the �'�� <br />feasibility r ci�t;ia t; piCrided 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 Twenty- -Nine Thousand Three Hundred <br />Seventy -Four Dollars and Fifty Cents ($29,374.50) <br />provided that construction of the subject water <br />project is initiated within ten (10) years of the date <br />of this contract. The Contractor shall fulfill this <br />obligation irrespective of how, or by whom, the <br />subject water project is financed or paid for so long <br />as construction is initiated within the specified time. <br />6. In the event the Contractor must make payment <br />pursuant to the terms of paragraph 5. above, then the <br />said sum of Twenty -Nine Thousand 'Three Hundred <br />Seventy -Four Dollars and Fifty Cents ($ 29,374.50) <br />shall be payable in ten (10) equal installments of Two <br />Thousand Nine Hundred Thirty -Seven Dollars and <br />Forty -Five Cents ($2,937.45) each, the first <br />installment to be due and payable upon the January 1st <br />next succeeding the initiation of construction on the <br />said water project. Subsequent payments shall be due <br />and payable on January 1st of each year thereafter. <br />WHERR,AS, the State and the Contractor intend to enter into <br />a separate contract (hereinafter referred to as the "project <br />contract ") in which the State will loan the Contractor money <br />for the purpose of rehabilitating the Barnes Meadow Dam and <br />Reservoir; and <br />WHEREAS, initiation of construction to perform the above <br />rehabilitation work will create an obligation on the part of <br />the Contractor to make payments under the terms, specifically <br />paragraph Nos. 5. and 6., of the existing feasibility report <br />contract; and <br />36222* <br />395 - X*1014 Page I of 4 pages <br />EXHIBIT A <br />