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AC ,al a <br /> •• <br /> Form A[ O2A llE a4ENT OR AGENCY NUMBER <br /> 34-04-00 <br /> CONTRACT ROUTING NUMBER <br /> 710 ?/ <br /> CONTRACT $ 350,000 <br /> THIS CONTRACT, made this 15th day of September IS 8.0, by and between the <br /> Slate 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 'z Beaver Park Water Inc., P.O. Box 286, <br /> Penros, Colorado 81240 <br /> hereinafter referred to as the 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 avat ble for payment in Fund Number 40083 <br /> G/L Account Number 5304X Contract Encumbrance Number 33"-r; and <br /> WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate <br /> agencies; and <br /> WHEREAS. .3 pursuant to the provisions of 37-60-119, Colorado Revised Statutes <br /> 1973, as amended, the State is authorized to construct certain water projects for <br /> the benefit of the people of the State; and <br /> WHEREAS, the Contractor is a mutual ditch company in the State of Colorado <br /> and wishes to undertake repairs of their irrigation system hereinafter called <br /> the project, for the Beaver Park Water shareholders in Fremont County, Colorado, <br /> at an estimated cost of Three Hundred Fifty Thousand Dollars ($350,000) ; and <br /> WHEREAS, a feasibility investigation of said project was conducted and it <br /> was found that such a project is economically feasible; and <br /> WHEREAS, the State has agreed to construct said project and to sell the same <br /> to the Contractor upon mutually agreeable terms and conditions, subject to the <br /> approval of appropriations for that purpose by the Colorado General Assembly <br /> and the Governor of the State of Colorado; and <br /> WHEREAS, pursuant to Senate Bill No. 67, Fifty-Second General Assembly of <br /> the State of Colorado, duly enacted by the Colorado Gener Assembly and approved <br /> by the Governor of the State of Colorado, there was appro Colorado <br /> Water Conservation Board the sum of Six Hundred Thirty Th sa" `` Dp 1s ($630,000) <br /> for construction of the Beaver Park project; ..++�� <br /> /sr <br /> NOW THEREFORE, in consideration of the mutuala nd:'• ,+� t rein <br /> contained, it is agreed by the parties hereto as f • t <br /> x <br /> A. The Contractor agrees that it will: <br /> 1. Cause the construction of said project to be completed within two (2) years <br /> of the date of this contract in accordance with the project plans and specifications <br /> and any necessary modification thereof approved by the State. No payments will be <br /> made under this contract until the project plans and specifications are approved <br /> by the State. The above-mentioned time may be extended by the State if such time is <br /> insufficient because of acts of God or other acts or circumstances beyond the control <br /> of the Contractor. <br /> 2. Convey or cause title to be conveyed by deed or other proper conveyance to <br /> the Colorado Water Conservation Board, Department of Natural Resources, State of <br /> Colorado, the following portions of the proposed project facilities: <br /> (a) Beaver Park Diversion Dam, located nn Beaver (`reek in the NE1 of the <br /> NE4 of Section 16, T. 18 S, R. 68 W. 6th Principal Meridian. The dam is <br /> a concrete ogee section 30 feet high and 95 feet wide with two outlet gates. <br /> (b) Beaver Park Upper Canal, beginning in NE4 of SE4 of Section 28 and ending <br /> in NE4 of SE4 of section 29, T. 18 S, R.68 W. 6th Princip;. l Meridian wit.i a <br /> length of 9,500 feet and consisting of a concrete lined ditch with a three- <br /> foot width and three-foot depth. <br /> (c) Brush Hollow Dam Inlet and Outlet structures located in NW4 of NW4 of <br /> Section 30, T. 18 S, R. 68 W. 6th Principal Meridian. <br /> (d) Beaver Park Lower Canal, beginning at a point in NW4 of SW4 of Section <br /> 30 and ending in the SE4 of NE4 of Section 31, T. 18 S, R. 68 W. 6th Principal <br /> Page 1 of pages <br /> *(See instructions on reverse of last page.) <br />