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" Ii"",, 6-AC.{l2AIR 5/85l Onion Valley Dam Gurley Reservoir fie ,rj '1,-/"/'; UU',.l-~~ENT ON, ,\LENey ,...l'.\tBI:.R 34-04-00 CONTRACT ROI.'TlN(; NUMBFll \:; \ ( EXHIBIT A No Encumbrance Terminates C-!53487 TERMINATION CONTRACT THIS CONTRACT. made this 9" 'C7".. day of A1. .a...t.'1- Slale of Colorado for Ihe u~e and benefic of tne Deparunenl of q. (Colorado Water Conservation Board) , hereinafter I1'ferred 10 as the Slale, and '2 the Frui tland l1esa District. Route 1. Crawford. co B141S ~reinafrer referred to as the contra",'or !Contractor. 198)L. , by and between the Natural Resources Water Conservancy WHEREAS. 31llhorily {'"ish in the law and Funds have been budgeted, appropriated and otheT'Ni~e made available and a sufficient unencumbered balance thereof remains available for payment in fund ~umber N IA G/l Account Number N/A . Conlract Encumbrance Number N/A ; ~nd WHEREAS. relfuired appro\lll!. clearance lInd coordinalion naJ; been accomplished from and wilh <lppropriate agencies: and WHEREAS. the State and the Contractor entered into a contract on February 15. 1987 (Exhibit B). which contract shall hereinafter be referred to as the "feasibility report contract.u in which the State agreed to pay the Contractor Three Thousand Dollars ($3.000) for the purpose of partially funding a feasibility report concerning the repairs of Onion Valley Dam and appurtenant structures; and WHEREAS. the feasibility report contract provided in part the following terms: 5. In consideration of the State assuming a portion of the cost of the preparation of the said project feasibility report. the Contractor shall pay to the State the sum of Three Thousand Eight Hundred Eighty-Five Dollars ($3.885) provided that construction of the SUbject water project is initiated within ten (10) years of the date of this contract. The Contractor shall fulfill this Obligation irrespective of how. or by whom. the subject water project is financed or"paid for so long as construction is initiated within the specified time. 6. In the event the Contractor must make payment pursuant to the terms of paragraph 5. above. then the said sum of Three Thousand Eight Hundred Eighty-Five Dollars ($3.885) shall be payable in ten (10) equal installments of Three Hundred Eighty-Eight Dollars and Fifty Cents ($388.50) each. the first installment to be due and payable upon the January lst next succeeding the initiation of construction on the said water project. Subsequent payments shall be due and payable on January lst of each year thereafter, WHEREAS. the State and the Fruitland Irrigation Company intend to enter into a separate contract (hereinafter referred to as the uproject contract") in which the State will loan the Fruitland Irrigation Company ,money for the purpose of repairing the Onion Valley Dam and appurtenant structures; and WHEREAS. initiation ,of repairs to Onion Valley Dam and appurtenant structUres will create an Obligation on the part of the Contractor to make payments under the terms. specifically paragraph Nos. 5. and 6.. of the existing feasibility report contract: and WHEREAS. the parties agree that it would be mutually beneficial to terminate the Contractor1s separate Three Thousand Dollar ($3.000) Obligation under the feasibility report contract provided that the repayment of the Three Thousand Dollars ($3,QOQ). which represents the principal amount provided by the State for the purpose of partially funding the feasibility report regarding the repairs to the j9s.s~1014 Page I of....i... pages EXHIBIT A (Project Contract) 9570E