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<br />, <br /> <br />THIS AGREEMENT, Made and entered into this~day Of~ 19~, <br /> <br /> <br />by and between the State of Colorado for use and benef~ STATE DEPARTMENT <br /> <br /> <br />OF HIGHWAYS, DIVISION OF HIGHWAYS, (hereinafter referred to as the State) and <br /> <br /> <br />the HOLLY FLOOD CONTROL, DRAINAGE AND SANITATION DISTRICT, Prowers County, <br /> <br />Colorado, a public corporation of Colorado (hereinafter referred to as District). <br /> <br />WHEREAS, Under the authority of Section 205 of the Flood Control Act Approved <br /> <br />June 30, 1948 as amended, the UNITED STATES OF AMERICA, represented by the <br /> <br /> <br />United States Army En9ineer District, Albuquerque, will design and construct <br /> <br /> <br />a flood control project in the vicinity of Holly, Colorado, and the District <br /> <br /> <br />is the sponsor for the project. <br /> <br />WHEREAS, The district, as sponsor, has given assurances to the United States <br /> <br /> <br />that it will fulfill the requirements of Section 204 of the Flood Control Act <br /> <br /> <br />of 1965, as amended. <br /> <br />WHEREAS, The District will provide, without cost to the United States, all <br /> <br />lands, easements and rights-of-way necessary for the construction of the project, <br /> <br /> <br />and upon completion of the project, the project will become the property of the <br /> <br /> <br />District with operation and maintenance responsibilities. <br /> <br />WHEREAS, The State owns land, highway embankment, highway paving and other high- <br /> <br /> <br />way appurtenances along the east bank of Wild Horse Creek that will interfere <br /> <br /> <br />with the construction, operations and maintenance of the project. <br /> <br />The State and District agree: <br /> <br />ARTICLE <br /> <br />In consideration of the covenants of the District hereinafter contained <br /> <br />and of the faithful performance of the same, the State agrees: <br /> <br />1. To give and grant permission to the District to operate and <br /> <br /> <br />maintain a levee with a concrete closure structure across Colorado State Highway <br /> <br /> <br />50 and during the crest of extreme flood stages on Wild Horse Creek and the <br />