PROJ00012

• Contract/PO #: C153542
• Contractor Name: Fruitland Irrigation Company
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: SB 88-30
• Loan Projects - Doc Type: Contract Documents

.1
,/

")

,,'

BRISCOE. STANWAY & HARPER. P.C.
ATIORNEYS AT LAW

JAMfS R. BRISCOE
S. GREGG ST ANWAY
STEVEN K. HARPER

102 BRIDGE STREET. P. 0, BOX 120
HOTCHKISS. COLORADO 81419,
[phone]

April 20, 1989

Fruitland Irrigation Company
c/o Norbert Jackson
Route 1, Box 34
Crawford, CO 81415

RE: COLORADO WATER CONSERVATION BOARD LOAN

Dear Norbert:

At your request, I have reviewed the proposed Project
Contract and Promissory Note which the Colorado Water
Conservation Board forwarded to you March 22, 1989. This
letter is actually the third draft of my review. The reason
for these redrafts is the conversations that I have had with
Roger Skiles of the Colorado Water Conservation Board office
in Grand Junction and with the Attorney General's office,
who prepared the Project Contract and Promissory Note
document.

In considering the terms of the contract, I wish to
point out certain things, beginning with page 1 of the
document.

First, note that it is a "Project Contract and
Promissory Note". This has a stronger obligation affect on
you than if it were simply a contract. The terms indicate
an estimate of $150,000.00 project costs and $19,600.00 for
the amended feasibility study costs, resulting in a total
contract of $169,600.00 less the $3,000.00 which the
Colorado Water Conservation Board was to provide for their
share of the feasibility study costs. The General Assembly
has authorized up to $300,000.00 for this project: however,
the Contract and Promissory Note is only for $166,600.00 and
any additional sums would have to be approved, authorized
and put into writing with the Colorado Water Conservation
Board.

On page 2, you should note that the engineering firm
that you might choose and the project plans and
specifications must be approved in writing by the Colorado
Water Conservation Board before construction can commence.
The State must approve, in writing, all contracts, the
contractor is to be chosen by competitive public bidding,

BRANCH OFFICE, 229 GRAND AVE. PAONlA, COLORADO 81428 [phone]