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Form 6-AC 02A DEP. NT OR AGCNCY NUMBERde •- 34-04-00 CONTRAC"F ROE'rlNG NUMBER 5471 $880,000 CONTRACT THIS CONTRACT, made this 1St day of July 1978, by and between die State of Colorado for the use and benefit of the Department of •' Natural Resources (Colorado Water Conservation Board) __ hereinafter referred to a Sta e, •mnd '2 Cache La Poudre Reservoir Company he 708 - 8th Street , Greeley, Colo_-mlo 80631_ _ 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 L008 _, G/L Account Number 57137 , Contract Encumbrance Number C153301 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, '3pursuant to Title 37 , Article 60 , Colorado Revised Statutes 1973 , as amended, the State , through the Colorado Water Conservation Board, may construct water resource projects and make the waters available therefrom to the residents of the State of Colorado upon conditions to be determined by the Colorado Water Conservation Board; and WHEREAS , the Contractor is a duly constituted and organized irrigation company in the State of Colorado and has undertaken the reconstruction and rehabilitation of the Timnath Reservoir in Larimer County, a principal component of the irrigation system owned by the - Contractor, which rehabilitation and reconstruction is estimated to cost approximately $1 , 765 ,000 ; and WHEREAS , the parties hereto have jointly conducted a feasibility investigation of said project and have found that such project is economically feasible ; and WHEREAS , the State , through the Colorado Water Conservation Board, has agreed to participate in the reconstruction and rehabilitation of said project and to sell the same to the Contractor upon mutually agreeable terms and conditions ; and WHEREAS , pursuant to Senate Bill number 35 , Fifty-first General Assembly of the State of Colorado, duly enacted by the Colorado General Assembly and approved by the Governor of the State of Colorado, there was appropriated to the Colorado Water Conservation Board the sum of $880 ,000 for construction of the : ache La Poudre irrigation project ; and _ Agi-, ' : : . WHEREAS , the Contractor has available from i own sources sufficient funds to construct the Imrcde - e ro'ect; NOW THEREFORE , in considerationof"t m pendent covenants herein contained, it is agreed by the parties hereto as follows : 1. The Contractor agrees that it will : a. Cause said project to be constructed within one year of the date of this contract in accordance with the project plans and specifications already approved by the State , and any necessary modification thereof prepared by it and also approved by the state unless such time is extended by the State , or unless such time is insufficient because of the acts of God or other acts or failure to act beyond the control of the Contractor. Page 1 uf___5_pages *(Sec instruction~on reverse of last page.)