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<br />Form 6-AC.o2A <br />Jumbo Res. <br /> <br />tlI'PARTMHlTO/l. AGENCY NAMI' <br />Water Conservation Bd <br />tlEPARTMENTOIl AGENCY NUMB(R <br />PDA <br /> <br />TERMINATION <br />CONTRACT <br /> <br />ItOUllNQNUMBER <br /> <br />No Encumbrance <br />Terminates C-153591 <br /> <br />nns CONIRACf, madc tbis ~ ,7 p;, day ol 19')..2, by IInd betwecn thc SLale of Colllrado lor <br />Ihe uscand benefit u(lhe Departmentol <br />Colorado Water Conservat1on Boar <br />bmi"""li'4"w~~t~';;~"~tre~~~ :~~1 :~g:~~g. r~~i ~~;;~~ oi srri ct <br />herc;infler ccrc~ to", the OODII3c1afjConlI3c1ar af Borrower. <br /> <br />WlII!R1!AS, lIutharity u:.is15 in Ihe I..awand Punds have been budgclcd. appropriated and otherwise made available and a <br />lu(lideol u.Qcntulllbcred balaoa: tben:ot remains available (or paymenl in Fund Number N / A ,Appropriation~, <br />Organization N I A . ProgI3m N / A Contract &cumbrao.ce Number; N / A i and <br /> <br />WlII!Rl!AS, <<.quited approwl, clea.ran,cc and roardinatioo ~ bt.cn accomplished from t.nd wilb. aIT~ria.!c ar.c~ awl <br /> <br />WHEREAS, the state and the Contractor entered into a <br />contract on May 28, 1991 (attached as Exhibit B and incorporated <br />by reference herein), which contract shall hereinafter be <br />referred to as the "feasibility report contract," in which the <br />State agreed to pay the Contractor Six Thousand six Hundred <br />Dollars ($6,600) for the purpose of partially funding a <br />feasibility report concerning the Julesburg Dam No.4; and <br /> <br />WHEREAS, the feasibility report contract provided in part <br />the following terms: <br /> <br />5. In consideration of the state assuming a portion of <br />the cost of the preparation of the said project <br />feasibility report, the Contractor shall pay to the <br />state the sum of Eight Thousand Five Hundred Forty-Seven <br />Dollars ($8,547) provided that construction of the <br />subject water project is initiated within ten (IO) years <br />of the date of this contract. The Contractor shall <br />fulfill this obligation irrespective of how, or by whom, <br />the sUbject water project is financed or paid for so <br />long as construction is initiated within the specified <br />time. <br /> <br />6. In the event the Contractor must make payment <br />pursuant to the terms of paragraph 5. above, then the <br />said sum of Eight Thousand Five Hundred Forty-Seven <br />Dollars ($8,547) shall be payable in ten (10) equal <br />installments of Eight Hundred Fifty-Four Dollars and <br />Seventy Cents ($854.70) each, the first installment to <br />be du~ and payable upon the January 1st next succeeding <br />the initiation of construction on the said water <br />project. Subsequent payments shall be due and payable <br />on January 1st of each year thereafter. <br /> <br />WHEREAS, the state and the Contractor intend to enter into a <br />separate contract (hereinafter referred to as the "project <br />contract") in which the state will loan the Contractor money <br />for the purpose of rehabilitating its Julesburg Dam No.4; and <br /> <br />WHEREAS, initiation of construction to perform this <br />rehabilitation work will create an obligation on the part of the <br />Contractor to make payments under the terms, specifically <br />paragraph Nos. 5. and 6., of the existing feasibility report <br />contract; and <br /> <br />WHEREAS, the parties agree' that it would be mutually <br />beneficial to terminate the Contractor's separate Eight-Thousand <br />Five-Hundred-Forty-Seven-Dollar ($8,547) obligation under the <br /> <br />EXHIBIT A <br /> <br />glOBl,cao <br /> <br />CWCllS/91 <br /> <br />I'agelof~paga; <br /> <br />drOOD.con <br />