PROJ00063

• Contract/PO #: C153533
• Contractor Name: Santa Maria Reservoir Company
• Contract Type: Loan
• Water District: 0
• County: Hinsdale
• Bill Number: SB 88-30
• Loan Projects - Doc Type: Contract Documents

Fonn 6-AC.o2A lR 5t85 I
W/FRPB
Santa Maria &
Continental Dams

EXHIBIT A

Li {'o'71/"
m:PAK fMEN r OR AGENCY NU. 8ER
34-04-00
coNTRACT ROllTlN(; NUMBER
\"1' 1'/-
, ,'< r;:,
Terminates in part &
amends C-153502
No encumbrance

TERMINATION
CONTRACT

""',

THIS CONTRACT. made ,his IY~t;.'. day of 7J(~("'-e~~< v 198 _. by and between the
Slate of Colorado for the U!>e and benefit of the Department of.t Natural Resources
(Colorado Water Conservation Board) f
hereinafter R"ferred fa as the Slale. and.2 The Santa Maria Reservoir Company,
P. O. Box 288, Monte Vista, CO 81144,
htrll'inaftC'r referred to as ,he conlractor /Contractol'.

WHEREAS. authorit)' uisls in the Law and Funds have been budgeted. approprialed and olherwise made
available and a sufficient .un~ncumbered balance thereof remains availa,ble for plJ)'ment in fund Number 400 R ,
Cll Accounl Number 5289X. Conlracl Encumbrance NumberC153502 ; and
ABL Account No. 12890, Org. Unit 77-77-777,
WHEREAS. rel-juired apprllvlll. clearance and coordination has been accomplished from and wilh appropriate
agenciei; and
WHEREAS. the state and the Contractor entered into a
contract on September 1. 1988 (attached as E~hibit B). which
contract shall hereinafter be referred to as the "feasibility
report contract... in which the State agreed to pay the
Contractor Sixty-seven Thousand Two Hundred pollars ($67.200)
for the purpose of partially funding a feasibility report
concerning the rehabilitation ot the Santa Maria and
Continental Dams; and

WHEREAS, Thirty-Three Thousand Six Hundred Dollars
($33,600) out of tne Sixty-Seven Thousand Two Hundred Dollars
($67,200) was loaned to the Company; and

WHEREAS, this ~mount of ThirtY-Three Thousand six Hundred
Dollars ($33,600) is to be repaid as provided in paragraph 4.
of the feasibility report contract; and

WHEREAS. the tctal cost of services to be rendered for the
Contractor by the Consultant is Sixty-Seven Thousand Two
Hundred'Dollars ($67.200) and the Contractor shall pay the sum
of ThirtY-Three Thousand Six Hundred Dollars ($33,600); and in
no event shall thi~ payment be the liability of the State of
Colorado.

WHEREAS. the State shall loan Thirty-Three Thousand Six
Hundred Dollars ($33.600) to accommodate the Contractor's lack
of ca6h fUnds. Such loan shall be repaid in total over ten
(10) years at five percent (5\) interest per annum.
irrespective of the findings of the feasibility report. The
total amount to be repaid is Fourty-Three Thousand Five Hundred
Twelve Dollars ($43.512) and shall be payable in (10) equal
yearly installments of Four Thousand Three Hundred Fifty.One
Dollars and Twenty Cents ($4.351.20) each. the first
installment to be due and payable upon the January 1st next
succeeding the receipt and acceptance of the feasibility report
on the said project. Subsequent payments shall be due and
payable on January 1st of each year thereaftec.

WHEREAS. the feasibility report contract provided in part
the following terms:

\
\
I
i

5. In consideration of the State assuming a p~rtion
of the cost of the preparation of the said proJect
feasibility report. the Contractor shall pay to the
State the sum of FortY-Three Thousand Five Hundred
Twelve Dollars ($43.512) 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.

39s.5}-()lo')014

EXHIBIT A
Page I of..A- pages

7300E