PROJ00102

• Contract/PO #: C153442
• Contractor Name: Fuchs Ranches, Inc.
• Contract Type: Loan
• Water District: 20
• County: Rio Grande
• Bill Number: HB 83-1102
• Loan Projects - Doc Type: Contract Documents

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EXHIBIT A

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DEI'A ENT OR AGENCY NUMBER
34-04-00
CONTRACf ROUTING NUMBER

TERMI NATION
CONTRACT

No encumbrance

THIS CONTRACT. made this 15th day of Angll~t-
Statt of Colorado for the use and benefit of the Departmeru of '1
(Colorado Water Conservation Board),
hereinafter referred to IS the Stl'tte, and '2 Fuchs Ranches, Inc.,
1620 County Rd. 14A, Del Norte, CO 81132,
hereinafter referred to lis the col1tractor,

1985, by and between the
Natural ResourCes

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WHEREAS. required approval. clearance and coordination hiS been accomplished from and with appropriate
agencies; and

WHEREAS, the State and the Contractor entered into a
COtltract on September 1, 1981 (attached as Exhibit B anct
incorporated by reference herein, which contract shall
het'einafter be referred to as the "feasibility report contract,"
in which the State agreed to pay the Contractor Four Thousand Two
HUndred Dollars ($4,200) for the purpose of partially funding a
feasibility report concerning the repairs of Fuchs dam; and

WHEREAS, the teasibility report contract provided in part
the following termS:

5. In co~sidetation of the State assuming a portion
of the cost of the preparation of the said project
feasibility r@port. the Contructor shall pay to the State
the sum of r'ive Thousand Four Hundred Thirty-Nine Dollars
(';;5,439) prov:lded that const-ruction of the subject water.
project is in:ltiat~d within ten (10) years of the date of
this contract. Th~ Contractor shall fulfill this Obligation
irrespective pi how, or by whom, the subject water project
is financed o~ paiq for so long as construction is initiated
within the sp~cifi~d time.

6. tn the event the Conttactor must make payment
pursuant to t~e te~ms of paragraph 5 above, then the said
sum ot ~ive 1'pousand Four Hundred Thirty-Nine Doll~rs
($5,439) shal> be payable in ten (10) equal installments of
Five Hundred fortY-Three Dollars and Ninety Cents ($543.90)
each, the fir~t installment to be due and payable ~pon the
January 1st next s~cceeding the initiation of construction
on the said w~ter ~roject. SUbsequent payments shall be due
and payable o~ JanUary 1st of each year thereafter; and

WHEREAS, the Gtate and the Contractor intend to enter into a
contract (hereinafter referred to (lS the "project contract") in
which the State will loan the Cont~actor money for the purpose of
repairing the FuchS dam; and

WHEREAS, initiation of construction to repair the Fuchs dam
would create ~n obligation on the part of the Contractor to make
payments unde:t the terma, specificCilly paragra.ph Nos, 5 and 6, of
the existing feasibility report contract; and

WHEREAS, the parties agree thCit it would be mutually
beneDicial to terminate the Contra~tor's obli9ation under the
feasipility r~port contract and to integrate ~epayment of the
E'o~r Thousand Two l-Jundred Dollars ($4,200) (wnich represents the
principal amOUnt provided by the State for the purpose of
partially funQing the feasibility ~eport for the Fuchs dam
project) with the Contractor's repayment of tDe loan which will
be made purSUant to the project contract;

EXHIBIT A

395-S3.Ql-COlO

4
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*ISee instructions on reverse or luc pale.)

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