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

For\') 6-AC-02A

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DEP. dENT OR AGI::NCY NUMBER

CONTRACT OUTING NUMBER
V)

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$738,075.00

CONTRACT

THIS CONTRACT, made this 1 !'it- day of November 1979.., by and between the
Stale of Colorado for the use and benefit of tile Deparhnent of '1 N;::lt-llr;::ll Rp-!'iollrces
(~nlorado Water Conservation Board)
hereinafter referred to as the State, and '2 wi nt-er Pt'lrk Wat-er and Sanitation District,
P.O. Box 57. Winter P;::lrk rnlnr~nn A04A?
hereinafter referred to as the contractor.

WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a ~urneienl unencumbered balance thereof remains avalJable for payment in Fund Number 4008 .
G/L Account Number 57097. Contract Encumbrance Number r l<: ~ -~ I '"' ; and

WHEREAS. re1luired approv.d. clearance and coordination has been accomplished from and with apllropriale
agencies; and

WHEREAS, 'J pursuant to Title 37, Article 60, Colorado Revised
Statutes 1973, as amended, the State, through the ColoradO Water
Conservation Board, may construct water resource projects and make
the waters available therefrom to the residents of the State of
Colorado upon conditions to be determined by the Colorado Water
Conservation Board; and

WHEREAS, the Contractor is a Water and Sanitation District in
the State of Colorado and wishes to undertake construction of a water
supply project hereinafter called the project, for the members of the
Winter Park Water and Sanitation District in Grand County, Colorado,
at an estimated cost of One Million Five Hundred Thousand Dollars
($1,500,000); and

WHEREAS, a feasibility investigation of said project was conducted
and it was found that such a project is economically feasible; and

WHEREAS, the State, through the Colorado Water Conservation Board,
has agreed to construct said project and to sell the same to the Con-
tractor upon mutually agreeable terms and conditions, subject to the
approval of appropriations for that purpose by the Colorado General
Assembly and the Governor of the State of.Colora~o; and

WHEREAS, pursuant to Senate Bill No. 35, Fifty-First General
Assembly of the State of Colorado, duly enacted by the Colorado General
Assembly and approved by the Governor of the State of Colorado, there
was appropriated to the Colorado Water Conservation Board the sum of
Seven Hundred Fifty Thousand Dollars ($750,000) for construction of
the Winter Park Project; and

WHEREAS, the Contractor has available from its own sources and
from a loan and grant approved by the Farmers Home Administration
sufficient funds to construct the remainder of the project;

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

A. The Contractor agrees that it will:

1. Cause the construction of said project to be completed within
two (2) years of the effective date of this contract (as defined
subsequently) in accordance with the project plans and specification~
and any necessary modifications thereof approved by the State.
No payments will be made under this contract until the project
plans and specifications are approved by the State. Such approval
shall be evidenced by letter from the Colorado Water Conservation
Board to the Contractor, The parties hereto mutually acknowledge
and agree that this Contract shall not become effective and that
neither the Colorado Water Conservation Board nor the Contractor
shall have or incur any right or Obligation hereunder unless and
until the foregoing condition is satisfied. The above-mentioned
time may be extended by the State if such' 'time is insufficient because
of acts of God or other acts or circumstances beyond the control
of the Contractor.

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