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<br />\ <br />') <br />.1 <br /> <br />',\ <br /> <br />'I'mmli.I\C.021\ <br /> <br />-, <br /> <br />/Ie 1/-"}/ <br /> <br /> <br />UEl <br /> <br />CONTRACf <br /> <br />$150,000 <br /> <br />THIS CONTRACT, made this 1 'ith day of O~tober <br />Stale of Colorado for the use and benefit of the Department of '1 <br />;Cnlorado WAter Conservation Board} <br />hereinafter referred 10 as Ihe Slate, and '2 Farmers ExtenRion <br />T.~kp r.ateral Box 'i'iO. Johnstown. Colorado <br />hereinafter referred to as the contr,lclor, <br /> <br />Natur.al <br /> <br />19" apby and between the <br />Resources <br /> <br />Dit.ch <br />80l'i14 <br /> <br />ilnd Hiahland <br /> <br />WHEREAS. authority exists in the Law and Funds have been budgeted. appropriated and otherwise made <br />available and a suHicienr unencumbered balancl: thereof remains ~ilable for p,pyment in Fund Number 400 a . <br />G/L Account Number 53187. Contract Encumbrance Numbe~.I~ =l~?,and <br /> <br />WHEREAS. required approval. c1ear.mee and coordination has been accomplished from and with appropriate <br />agencies: .md <br /> <br />, I <br />WHEREAS.'J pursuant to the provisions of 37-60-119, Colorado Revised <br />Statutes 1973, ~s amended, the.State is authorized to construct cert~in <br />water projects for tpe benefit of the people of the State; and <br /> <br />WHEREAS, the Cont~actor is a mutual ditch company in the State of <br />Colorado and wishes ~o undertake repairs of its irrigation system, <br />hereinafte~ called tpe project, for the Farmers Extension Ditch and <br />Highland Lake Latera! shareholders in Weld County, COlorado, at an <br />estimated cost of OnC Hundred Fifly Thousand Dollars ($150,000); ~nd <br /> <br />WHEREAS, a feasibility investigation of said project was conducted <br />and it was fOund tha~ such a project is economically feasible; and <br /> <br />WHEREAS, the State has agreed to construct said project and to <br />sell the same to the Contractor upon mutually agreeable terms and <br />conditions, subject ~o the approval of appropriations for that <br />purpose by the Color8do General Assembly and the Governor of the <br />State of Colorado; a~d <br /> <br />WHEREAS, pursuant to Senat~ Bill No. 67, Fifty-Second General <br />Assembly of the Stat$ of Colorado, duly enacted by the Colorado <br />General Assembly and approved by the Governor of the State of <br />Colorado, there was ~ppropriated to the Colorado Water Conservation <br />Board the sum of One Million Two IIundred Thousand Dollars ($1,200,000) <br />for construction of the Highland Lake Ditch projecl, <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent <br />covenants herein contained, it is agreed by the parties hereto as <br />follows: <br /> <br />A. The Contractor agrees that it will: <br /> <br />1. Cause the construction of said project to be completed within <br />two (2) years of the date of this contract in accordance with the <br />project plans and specifications and any necessary modification <br />thereof approved by the State. No payments will be made under this <br />contract until the ptoject plans and specifications are approved by <br />the State. The above-mentioned time may be extended by the State if <br />such time is insufficient because of acts of God or other acts or <br />circumstances beyond the control of the Contractor. <br /> <br />2. Conveyor cause title to be conveyed by deed or other proper <br />l:onveyance to the Colorado Water Conservation Board, Department of <br />Natural Resources, State of COlorado, the following portiqns of the <br />prt1poscd project facilities: ' <br /> <br />,'l() cu_ yds. of earth fill and ditch back fill between <br />I.)rillj to 42+47. <br /> <br />h. II ell. ydz. of drain fill at sta. 42+3"/. <br /> <br />I:. S).! cu. yds. of reinforced concrete between sta. 10+00 <br />and 42+32. <br /> <br />Page 1 or..2.- pages <br />.(Seeinstruclionsonreverscoflasl page.) <br />