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<br />Form 6.AC.02A <br /> <br />a G- 4{J _ ") <br />.NT Ol~ ,\(~I M'Y NUMBElt <br />34-04-00 <br />CONTlUCI" ROUTING MI,\IUU: <br /> <br />1)[1': <br /> <br />5471 <br /> <br />CONTRACT <br /> <br />$880,O()() <br /> <br />THIS CONTRACT, made this 1st day of July 197~, by and between thl' <br />Slate of Colorado for the me and benel1t of Ih~ Department lIf 'I Natural Reg.QuJ:C..e.L <br />(Colorado Water conservation Board) ----- <br />hereinafter referred to...il..Uhc Stalc,;md '2 Cache La Poudre Reservoir Company <br />IU~ - ~th Street, Greeley, Colo,-.,.lo 8063l <br />hereinafter referred to as Ihe cOlllnlctur, <br /> <br />WHEREAS, aUlhority exislS ill lhe L:lw and Funds have been blll.lgeled, :IPllroprialed :1IIt! otherwhe made <br />available :md a sufficj('nl unencumhered balance Ihereof remains aV,lilahlc for Il:lymcnt ill Fund Number 4008 , <br />Gfl Account Number 57137 ,Contracl Encumbrance Number Cl "ill01 ; and <br /> <br />WHEREAS, required approvOlI, c1eamlll'e and coordination IHls been Olccomplished from and v.ilh approp~iate <br />agencies; and <br /> <br />WHEREAS, "3pursuant to Title 37, Article 60, Colorado Revised Statutes <br />1973, as amended, the State, through the Colorado Water Conservation <br />Board, may construct water resource projects and make the waters <br />available therefrom to the residents of the State of Colorado upon <br />conditions to be determined by the Colorado Water Conservation Board; <br />and <br /> <br />WHEREAS, the Contractor is a duly constituted and organized <br />irrigation company in the State of Colorado and has undertaken the <br />reconstruction and rehabilitation of the Timnath Reservoir in Larimer <br />County, a principal component of the irrigation system owned by the <br />Contractor, which rehabilitation and reconstruction is estimated to <br />cost approximately $1,765,000; and <br /> <br />WHEREAS, the parties hereto have jointly conducted a feasibility <br />investigation of said project and have found that such project is <br />economically feasible; and <br /> <br />WHEREAS, the State, through the Colorado Water Conservation Board, <br />has agreed to participate in the reconstruction and rehabilitation of <br />said project and to sell the same to the Contractor upon mutually <br />agreeable terms and conditions; and <br /> <br />WHEREAS, pursuant to Senate Bill number 35, Fifty-first General <br />Assembly of the State of Colorado, duly enacted by the Colorado <br />General Assembly and approved by the Governor of the State of Colorado, <br />there was appropriated to the Colorado Water Conservation Board the <br />sum of $880,000 for construction of the Cache La Poudre irrigation <br />project; and <br /> <br />WHEREAS, the Contractor has available from its own sources <br />sufficient funds to construct the remainder of the project; <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 />1. The Contractor agrees that it will: <br /> <br />a. Cause said project to be constructed within one year of the <br />date of this contract in accordance with the project plans and <br />specifications already approved by the State, and any necessary <br />modification thereof prepared by it and also approved by the <br />state unless such time is extended by the State, or unless such <br />time is insufficient because of the acts of God or other acts <br />or failure to act beyond the control of the Contractor. <br /> <br />P:lge 1 uf~pages <br />"IS,"" ill"lr"~li'Ul\ un rever_e uf b_II'~g",1 <br />