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<br />'1 <br /> <br /> <br />form 6-AC.02A <br /> <br />No encumbrance <br />CONTRACT AMENDMENT <br /> <br />THIS CONTRACT. made this 1st day of May <br /> <br />Stjlle of Coloroldo for the use and benefit of the Department of "1 <br />(Colorado Water Conservation Board), <br /> <br />hereinafter referred to as the State, and'2 the Town of Nunn I <br />P. O. Box 171, Nunn, Colorado 80648, <br /> <br />1982. by and between the <br />Natural Resources <br /> <br />hereinafter referred to as the contractor. <br /> <br />WHEREAS. authority exists in the law and Funds have been budgeted. appropriated and otherwise made <br />available and a $uffici~mbered balance thereof remains available for payment in Fund Number 4008 <br />G/L Accounl Number . Contract Encumbrance Number 1 ~ 111 1 : and <br />ABL Account Number ~, Org. Unit 77-77-777, <br />WHEREAS. required appro'J~cte~rallce and coordination has been accomplished from and with appropriate <br />agencies; and <br /> <br />WHEREAS, the State and the Contractor did on August 1, 1979, <br />enter into a contract and on September 1, 1981, into an amended <br />contract for State participation in the construction of the Nunn <br />water supply project for the benefit of the residents of the Town of <br />Nunn, which contract and amended contract are attached hereto as <br />Exhibits A and B and are hereby incorporated herein; and <br /> <br />WHEREAS, due to technical difficulties, the Contractor has been <br />unable to complete construction of the project within three (3) <br />years as provided in paragraph A.1. in Exhibit B; and <br /> <br />WHEREAS, the Contractor may be unable to meet its financial <br />obligation, as outlined in A.9. in Exhibit Bt due to the <br />non-completion 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 to <br />further amend paragraphs A,I. and A.9, to read as follows: <br /> <br />A. The Contractor agrees that it will: <br /> <br />1. Cause the construction of said project to be completed <br />within four (4) years of the date of this contract in accordance <br />with the project plans and specifications and any necessary <br />modification thereof approved by the State, No payments will be <br />made under this contract until the project plans and specifications <br />are approved by the State. The above-mentioned time may be <br />extended by the State if such time is insufficient because of acts <br />of God or other acts or circumstances beyond the control of the <br />Contractor. <br /> <br />9. TO purchase from the State all of the State's right, title, <br />and interest in said project and any facilities thereof at a total <br />purchase price of Three Hundred Twenty-Eight Thousand Seven Hundred <br />Seventy-Six Dollars ($328,776), payable in forty (40) annual <br />installments of Eight Thousand Two Hundred Nineteen Dollars <br />($8,219) each, which first installment shall be due and payable on <br />November 1, 1982, and yearly thereafter until the entire principal <br />sum shall have been paid. Said installment payments shall be made <br />payable to the Colorado Water Conservation Board, payable at the <br />offices of said board in Denvert Colorado. <br /> <br />All other provisions of the contracts entered into on August 1, <br />1979t and on September 1, 1981, are to remain unaffected and in full <br />force. <br /> <br />39S.S3.{J1-C01Q <br /> <br />Page I of ---1- pages <br />.(See instructions on reverse of Int page.) <br /> <br />dl03 <br />Nunn/am <br />