PROJ00278

• Contract/PO #: C153316
• Contractor Name: Winter Park Water and Sanitation District
• Contract Type: Loan
• Water District: 0
• County: Grand
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Contract Documents

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1'1' Ol( A(a;NCV NUMU!':K

NO ENCUi'>1I3HANCE

AMENDED CONTRACT

THIS CONTRACT, made this 2nd day of Februarv
Slale of Colorado for the use and benefit of the Department of'\ NA.'rlJRA.J.
(rnlor~do W~tpr r.nn~prv~tion Rn~rrll
hercinafterreferred tu as the State. and .Z Wintpr P"rk Wrll-Pr' ::r.nn
p 0 Rox ~7r Wintpr P~rk rnlnr::r.nn Rn4A?
hereinafter referred 10 as the contl1lctor,

19 ll.,lby and between the
nFQ.nllrl('F.~

C;."In;t;:ol-lnn nie::.t-rir-t,

WliEREAS, authority exists in the L.oi,w ltnd Fu.nds have been budgeted. appropriated and otherwise made
available and a sufficient ul1encul1l~rcd balance thereof remains available for payment in Fund Number It 0 0 R
G/L Account Number 57097 . COniract Encumbrance Number C 1 533 1 6 and

WI-iEREAS, required appruval, dearance and coordinatiun has been accomplished from and with appropriate
a~cllcies; and

Wl-IEREAS,'3 the State and the Contractor did, on November 1, 1979,
enter into a contract for State participation in the construction
of the winter Park water supply project far the benefit of the
members of the Winter Park Water and Sanitation District in Grand
County, COlorado, which contract is attached hereto as Exhibit "A"
and is hereby incorporated hereinJ and

WHEREAS~ the State and the Contractor did, On September 1, 1980,
amend the original contract marked as Exhibit ~^", which amended
contract is attached hereto as Exhibit ~B~ and is hereby incorporated
into this amended COntract; and

WHEREAS, the contractor has been unable to ~ully comply with
paragraph 2 of the original contract, dated November 1, 1979, and
attached hereto as Exhibit "A"J and

WHEREAS, the State is willing to waive the ~rovisions of said
paragraph 2 under certain conditions as more fully set forth herein.

NOW THEREFORE, in consideration of the mutUel and dependent
covenants herein contained, it is agreed by the parties hereto as
follows:

1. The terms and provisions of paragraph 2 of tllut certain contract
dated November 1, 1979, attached hereto as Exhibit "A" and incorpora-
ted herein by rcfcrQnce, shall no longer be effective. All other terms
and provisions of that certain contract dated November 1, 1979, and
that certain amended contract dated September 1, 1980, shall remain
in full force and effect.

2. The state agrees to allow the contractor six (6) months from
the date of this present contract amendment in which either;

(al to finalize an agreement between the Denver Water
Board and t~e Winter Park Water and Sanitation District.
which agree~ent must be acceptable to the Colorado Water
Conservation Board,

(b) to commence and complete condemnation proceedings in
the District Court as contemplated by C.R.S. 1973, 32-4-113
(i ~ ~j) ~ in order to acquire water rights for this project,
which water rights shall be subject to the approval of the
Colorado Water Conservation Board, or

(cl to have prepared a plan of augmentation concerning said
water right, or any other water right, which plan of augmenta-
tion shall be approved by the Colorado water Conservation Board
and the Office of the State Engineer, and to file said plan in
the proper water court.

3. If for any reQson the Contractor fails to comply with the pro-
visions of paragraph 2 above, the State reserves the right to implement
the provisions of PQragraph A.ll ot that certain contract dated
November 1, 1979 attached hereto as Exhibit .'A".
Pale I of --3... pa~t's
*(See instructions on rcver5C or last pale.)