Stagecoach Mitigation Grant

• Contract/PO #: C153569
• Contractor Name: Upper Yampa Water Conservancy District
• Water District: 0
• County: Routt
• Bill Number: XB 99-999
• Loan Projects - Doc Type: Contract Documents

eligible for a mitigation grant in the amount of $490,000
pursuant to section 37-60-122.2(2), CRS; and
WHEREAS, the District applied to the Board for a mitigation
grant in the amount of only $400,000; and
WHEREAS, the Board determined at its September 29, 1989,
meeting to make the statutorily required grant in the amount of
$400,000 subject to certain terms and conditions.
NOW THEREFORE, in consideration of the mutual covenants
hereinafter set forth, the District and the Board agree as
follows:
A. The District agrees that all actions and determinations
required of the Division of Wildlife, Wildlife Commission, and
Board pursuant to section 37-60-122.2(1) and (2), CRS, as
conditions precedent to the making of this grant have been
taken and made: agrees with the Wildlife Commission's
mitigation, recommendation, a copy of which is attached and
incorporated Rerein as Exhibit A; and seeks and hereby accepts
in full satisfaction of section 37-60-122.2(2)(b), CRS, a grant
in the amount of $400,000.
B. The District and the Board agzee that this Grant
Contract is made puzsuant to section 37-6G-122.2, CRS, and that
under no circumstances shall the total amovnt.of the grant
exceed five percent (58) of the construction costs of the
Project, as defined in section 37-60-122.2(2)(d), CRS, or be
disbursed in installments that exceed seventy percent (708) of
the amount of the grant during any fiscal year. The District
agrees to bear the costs of implementing the official State
position, a copy of which is attached hereto and incorporated
herein as Exhibit B, to the extent those costs equal five
percent (58) of the construction costs of the Project and
exceed ten percent (108) of the construction costs of the
Project.
C. The District will comply with the official State
position for fish and wildlife mitigation for the Project and
will utilize the grant monies which it receives from ~t he State
pursuant to this contract for the costs of implementing the
requirements of the official State position.
(1) The District shall report to the Board on
January 1, 1990, and each six months thereafter thr ovgh January
1, 1993, on the status of its activities to comply with the
official State position.
(2) The Board shall have the right until 90 days
after receipt of the last report required by subparagraph (1)
hereof to review the District's records and inspect the
mitigation measures, lands, and activities to determine the
status of compliance with the official State position.
D. If the District fails to comply with the official State
position in any regard at any time, then the Board may file
suit for specific performance of this contract in 'a court of
competent jurisdiction.
E. 1'he State shall pay to the District, on a non-
reimbursable basis, the total sum of Four Hundred Thousand
Dollars ($400,000). Said sum shall be payable to the District
in the following manner:
(1) Two Hundred Forty-eight Thousand Dollars
($248,000) shall be payable within 15 days after the date of
this contract,
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