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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Meridian. with a length of 4,000 feet cf concrete ditch with two-foot
width and 2~ foot depth.

3. Permit periodic inspection of construction by the authorized representa-
tives of the state during construction and permit the state to review and approve
or disapprove any contracts for the con~truction of the project or the performanCe!
of work pursuant to such contracts or sobcontracts.

4. Without expense to the State, manage, operate, and maintain the project
system continuously in an efficient and economical manner, and assume all legal
liability for such management, oper.atio~, and maintenance.

5. Make the services of said project available witpin its capacity to all
persons in the Contractor's service area without discri~ination as to race, color,
religion, or natural origin at reasonable charges, inclvding assessments, taxes,
or fees in accordance with a schedule of such charges, whether for One or more
classes of service, formally adopted by the Contractor ~hrough its board of
director5, as may be modified from time to time by the Contractor. The inti tal
rate schedule must be approved by the State. Thereafter, the Contractor may make
such modifications to the rate schedule as the Contractor deems necessaCY to
efficiently and economicAlly provide for the financial requirements of the system
as long 8S the rate schedule remains reasonable and non~discriminabOry, and subject
to the approval by the state.

6. Adjust its oper~ting costs and service charges from time to time to provide
for adeq~ate operation a~d maintenance, emergency repair services, obsolescence
rcse~vest and debt reser~ee.

7. Expand the syst~m from time to time to meet reasonable growth or service
requirements in the area within its jurisdiction.

8. Provide the State with such periOdic reports as it may require and permit
periodic inspections of ~ts operations and accounts by a designated representative
of the State. The Color~do Water Conservation Board, itS agents, and employees,
is hereby designated as ~he agent of the State for the purposes of this contract.

9. To purchase frow the State all of the State's right, title, and interest
in said project and any facilities thereof at a total purchase price of Six Hundred
Five Thousand six Hundre~ Forty Dollars ($605,640) payable in forty (40) annual
installments of Fifteen 1housand One Hundred Forty-One Dollurs ($15,141) each,
which first installment 9hall be due and payable On Sept~mber 15, 1982 and yearly
thereafter until the entire principal sum shall have bee~ paid. Said installment
payment shall be made payable to the Colorado Water Cons~rvation Board, payable
at the offices of said Board in Denver, Colorado.

10. Upon default in the payments herein set forth tP be made by the Contractor,
or in the performance of any covenant or agreement contained herein, the state, at
its option, may (a) declare the entire principal amount then outstanding immediately
due and payable; (b) for the account of the Contractor i~cur and pay reasonable
expenses for repair, maintenance, and operation of the ifrigation system herein
described and such other reasonable expenses as may be n~cessary to cure the cause
of default; and/or eel take possession of the system, repair, maintain, and operate
or lease it. The provisions of this contract may be enforced by.the State, at its
option without regard to prior waivers by it of previous defaults by the Contractor,
through judicial proceedings to require specific perform~nce of this contract or by
such othe~ proceedings in law or equity as may be deemed necessary by the State to
insure compliance with provisions of this contract and tpe laws and regulations under
which thi~ contract is made.

B. The state agrees that it will:

1. Make available to the Contractor for the purpose of this contract the sum
of Three Uundred Fifty Thousand Dollars ($350,000). SaiJ Three Hundred fifty Thousand
Dollars ($350,000) shall be'made available to the Contractor in accordance with the
following terms, schedule and conditions.

(a) Beginning with the monthlY period commenCing September 15, 1980
and for every month thereafter until said project has been completed
the Contractor shall prepare with the consulting engineer's help an
estimate of the funds required from the State for project construction
during that month and shall forward said esti~ate to the State not less
than fifteen (15) days prior to the beginning of such month.

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