C153333 Contract

• Contract/PO #: C153333
• Contractor Name: Beaver Park Water, Inc.
• Contract Type: Loan
• Water District: 12
• County: Fremont
• Bill Number: SB 80-67
• Loan Projects - Doc Type: Contract Documents

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DE

MENT OR AGfNCY NUMBER

NUMBER

CONTRACT

$ 350,000

THIS CONTRACT. made this 15th day of September
Slllle of Colorado for the IIse and benefit of lile Dell<1rtmcnl of '1
(Colorado Water Conservation Board)
hereinafter referred to as the State, and '2 Beaver Park
Penrose, Colorado 81240
hereinafter referred to as lhe conftllClor.

IS aD, by and between the
Natural Resources

Water InC.. P.O. Box 286.

WHEREAS, authority exists ill Ihe law and Funds have been budgeted. appropriated and otherwise made
available and a sufficient unencumbered b.::lance thereof remains Dvai ble for payment in Fund Number dClnR
elL Account Number 53042\ Contract Encumbrance Number ~ ~3:\,; Dl1d

WHEREAS, rcquin'd approval. clearance and coordination has heen accomlllished from and with appropriate
llgellcics; and

WHEREAS, 'J pursuant to the provisions of 37-60-119, Colorado Revised Statutes
1973, as amended, the State is authorized to construct certain water projects for
the benefit of the people of the state; and

WHEREAS, the Contractor is a mutual ditch company in the State of Colorado
;;lod wishes to undertake t'epairs of their irrigation system hereinafter called
the project, for the Beaver Park water shareholders in ~remont County, Colorado,
at an estim41.ted cost of 1'hrce Hundred Fifty Thousand Dollars ($350,000); and

WIIEREl\S, 0. feasibility investigation of said project was conducted and it
was found that such a prOject is economically feaSible; and

WHEREAS, the State h~s agreed to construct said project and to sell the same
to the Contractor upon m~tually agreeable terms and conditions, subject to the
approval of appropriatio~s for that purpose by the Colorado General Assembly
and the Governor of the ~tate of ColoradO; and

WHEREAS, pursuant to Senate Bill No. 67, FiftY-Second General Assembly of
the State of Colorado, d~ly enacted by the Colorado General Assembly and approved
by the Governor of the State of COlorado, there was appropriated to the Colorado
Water Conservation Board the sum of Six Hundred Thirty Thousand Dollars ($630,000)
for construction of the Seaver Park project;

NOW THEREFORE, in consideration of the mutual and dependent covenants herein
contained, it is agreed bY the parties hereto as follows:

^. The Contractor agrees that it will:

1. Cause the construction of said project to be completed within two (2) years
of the date of this contract in accordance with the proj~ct plans and specifications
and any necessary modification thereof approved by the state. No payments will be
made under this contract until the projec~ plans and specifications are approved
by the state. The above-men~ioned time m~ be extended py the State if such time is
insufficient because of acts of God or other acts or circumstances beyond the control
of the Contractor.

2. Conveyor cause titlo to be conveyed by deed or other proper conveyance to
the Colorado Water Conservation Board, Department of Nat~ral Resources, State of
Colorado, th~ following portions of the proposed project facilities:

(a) Beaver Park Diversion Dam, located nn Beav~r ~reek in t~e NE~ of th~
NE~ of Section 16, T. 18 s, R. 68 W. 6th Princip~l Meridian. The dam is
a COncrete ogee secfion 30 feet hi9h and 95 feet wide with two outlet gates.

(b) Beaver Park upper Canal, beginning in NE~ of SE~ of Section 28 and ending
in NE~ of SEJ..i of section 29, T. 18 S, R.68 W. 6tJl Principc<l Meridian wHit a
length of 9,500 feet and consisting of a concrete lined ditch with a three-
foot width and three-foot depth.

(c) Brush Hollow Dam Inlet and Outlet structurep located in NW~ of m1~ of
Section 30, T. 18 S, R. 68 W. 6th Principal Meriaian.

(d) Beaver Park
30 and ending in

Lower Canal, beginning at a poi~t in NW~ of SW~ of Section
the SE~ of NE~ of Section 31, T. 18 S, R. 68 W. 6th principal
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