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1~:. Ville;'- <br /> r6-AC-02A(R 5/85) DEP MEN r OR AGENCY NUMBER <br /> `r-`' ! 34-04-00 <br /> • ion Valley Dam ATTACHMENT A CONTRACT ROUTING NUMBER <br /> G Reservoir <br /> - $166 , 600 <br /> PROJECT <br /> CONTRACT <br /> 44nd Promissory Note <br /> THIS CONTRACT, made this _day of -71C.a 198 . 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 Fruitland Irrication Company, <br /> Route 1, Box 34 , Crawford, CO 81415, <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 available for payment in Fund Number 4008 <br /> G/L Account Number 5425i Contract Encumbrance Number - and <br /> ABL Account No . 14250 , 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 an irrigation company in the <br /> State of Colorado and it wishes to repair the outlet works of <br /> Onion Valley Dam and appurtenant structures, hereinafter <br /> sometimes called the project, for the benefit of the <br /> stockholders of the irrigation company in Delta , Montrose, and <br /> Gunnison Counties , Colorado, at an estimated cost of One <br /> Hundred Fifty Thousand Dollars ($150, 000) ; and <br /> WHEREAS, on February 7, 1987, the State and the Fruitland <br /> Mesa Water Conservancy District entered into a feasibility <br /> report contract, attached hereto as Exhibit B. A feasibility <br /> investigation of said project was conducted and the State has <br /> determined that such a project is technically and financially <br /> feasible; and <br /> WHEREAS, on g , 1989, the State and the <br /> Fruitland Mesa Water. Cgiservancy District entered into a <br /> termination contract, attached hereto as Exhibit A, which <br /> terminated the Exhibit B feasibility report contract previously <br /> 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 /> Three Thousand Dollars ($3 , 000) <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 Contractor has expended an additional Nineteen <br /> Thousand Six Hundred Dollars ($19 , 600) as described in the <br /> enclosed letter. (Exhibit F) addressed to David Walker; 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 c.. c •• <br /> loan; and N <br /> • <br /> 6 <br /> ATTACHMENT A i <br /> 3953301-1014 Page 1 of 10 pages <br />