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• •41 [oo <br /> Form 6-AC-02A • DEPAR .,ANT OR AGENCY N MBER <br /> 34-04-00 <br /> CONTRACT ROUTING NUMBER <br /> i <br /> PROJECT $125,000 <br /> CONTRACT <br /> THIS CONTRACT, made this 1st day of August 1985 /by and between the <br /> State of Colorado for the use and benefit of the Department of "t Natural Resources <br /> (Colorado Water Conservation Board) , <br /> hereinafter referred to as the State, and *2 Beaver Park Water Inc . , <br /> Box 286 , Penrose, CO 81240 , <br /> hereinafter referred to as the contractor or the 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 xayment in Fund Number 4008 , <br /> G/L Account Number 5304X, Contract Encumbrance Number riN34,� and <br /> ABL Account Number 13040 , 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, Colorado <br /> Revised Statutes, the State is authorized to loan money for the <br /> construction of water projects for the benefit of the people of <br /> the State; and <br /> WHEREAS, the Borrower is a mutual ditch company in the <br /> State of Colorado and wishes to repair or cause to be repaired, <br /> its irrigation system, hereinafter called the project, for the <br /> Beaver Park Water Inc. shareholders in Fremont County, <br /> Colorado, at an estimated cost of Two Hundred Fifty Thousand <br /> Dollars ( $250,000) ; and <br /> WHEREAS, a feasibility investigation of said project was <br /> conducted and it was found that such a project is technically <br /> and financially feasible; and <br /> WHEREAS, the State has now agreed to loan money for the <br /> construction of said project upon mutually agreeable terms and <br /> conditions, subject to the availability of funding for that <br /> purpose; and <br /> WHEREAS, pursuant to House Bill No. 1042, Fifty-Fifth <br /> General Assembly of the State of Colorado, duly enacted into <br /> law, the Colorado Water Conservation Board has been authorized <br /> to loan a sum not to exceed One Hundred Twenty q�usand <br /> Dollars ( $125, 000) for construction of the p% " , ; <br /> NOW THEREFORE, in consideration of ,the mutual an. <br /> dependent covenants herein contained, it&.. i r� the <br /> parties hereto as follows: ' # "' j' �� t: <br /> A. The Borrower agrees that it shall : <br /> 1. Employ an engineering firm to prepare project plans <br /> and specifications for the project. Both the engineering firm <br /> and the project plans and specifications must be approved by <br /> the State before initiation of construction on the project, <br /> including any real estate and water rights acquisitions, can <br /> commence. <br /> 2. Contract for the construction of said project to a <br /> responsible and capable firm or firms (hereinafter referred to <br /> as Construction Firm or Firms) , which Construction Firms shall, <br /> when required by the State, be selected through competitive <br /> public bidding, said project to be completed within two (2) <br /> years of the date of this contract in accordance with the <br /> project plans and specifications and any necessary modification <br /> thereof approved by the State. The State must approve, in <br /> writing, all contracts before they can become effective . The <br /> above-specified time may be extended by the State if such time <br /> is insufficient because of acts of God or other acts or <br /> circumstances beyond the control of the Borrower. <br /> 39553'01-1014 Page 1 of 8 pages 10 2 <br /> *(See instructions on reverse of last page.) <br /> beav/p <br /> / <br />