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<br />." Form 6-AC-02A (R 5/85)
<br />,W/FRPB
<br />
<br />11'- ~
<br />Oto:p,. tlEN r OR AGENCY ,'W.\iBER
<br />,.J-04-00
<br />CONTRACT RO TJNG NUMBER
<br />i~ '.?(;;
<br />$2,351,902
<br />
<br />PROJECT
<br />CONTRACT
<br />
<br />THIS CONTRACT, made this 1st day of May
<br />Stale IIf Colorado for the use and benefit of tile Department of '1
<br />(Colorado Water Conservation Board),
<br />hereinafter rt"ferred 10 as the Slafe and '2 the Dolores ~iater Conservancy District. P.O. Box
<br />1117, Cortez, CO 81321; and1the City of Cortez, 201 E. Main St., Cortez, CO
<br />81321; hereinafter referred to collectively as the Contractor or the Borrower.
<br />
<br />198 ~ . by and between the
<br />Natural Resources
<br />
<br />WHEREAS. authority C\bts in the Law and Funds have been budgeled, appropriated and otherwise made
<br /><Iv<lil<lble and a sufficient unencumbered balance thereuf remains av~ila~ble for paymenl in Fund Numb~r 4008 ,
<br />G/l Account Number..5....4...Q..., ConlraCl Encllmbranc~ Number( 'J!Jli4h5: and
<br />ABL Account Number 14011, Org. Unit 77-77-777,
<br />WHEREAS, requirl'd approval. d~Jrall':~ and coordinatiun has b~en accomplished from and Wilh <lppropriate
<br />Jg~ncies: and
<br />
<br />WHEREAS, pursuant to the provisions of 37-60-11q, Colora~o
<br />Revised Statutes, the Statp. is authorized to loan money fo~ the
<br />construction of water projects for the henefit of the peoole of
<br />the State; and
<br />
<br />WHEREAS, the Borrower is a duly constituted Water
<br />Conservancy District and a City in the State of ~olorado ann
<br />wishes to construct, or cause to be constructen, a pipeline
<br />between the outlet of McPhee dam ann the Cortez water tr~atment
<br />plant, hereinafter called the proiect, for the citizens of thA
<br />City of Cortez in Montezuma COllnty, ~olorado, at an estimated
<br />cost of Two Million Four qundred Thousand ryollars
<br />($2,400,000)1 and
<br />
<br />WHEREAS, a feasibility investiqation of said oro;ect was
<br />conducted and it was found that such a proiect is technically
<br />and financially feasible; ann
<br />
<br />WHEREAS,' on May 1, 1986, the State ann thp District
<br />entered into an agreement (attached as Exhibit A and
<br />incorporated by reference herein and hereinafter referred to ~s
<br />the termination contact) which terminated a feasibility report
<br />contract (attached as Exhibit 1 and incorporated by reference
<br />herein) previously entered into between the parties.
<br />
<br />WHEREAS, the ter~ination contract provided that the
<br />oistrict would pay the State Sixty-Two Thousand Two Hundred
<br />Eighty-Six Dollars and Ninety-One Cents (S62,2R6.91) under the
<br />terms and conditions of this contract in consioeration of the
<br />State's partial financing of the feasibility report for the
<br />project; and
<br />
<br />WHEREAS, the State has now agreed to loan and arant money
<br />for the construction of said project upon mutually agreeable
<br />terms and conditions, subject to the availability of funning
<br />for that purpose; and the State and the Borrower agree that the
<br />repayment of the feasibility report funding shall be
<br />consolidated with the repayment of the pro;ect loan; and
<br />
<br />WHEREAS, S.B. 27 (1986 Session) provines that the prorata
<br />cost of the pipeline from McPhee Reservoir to the City of
<br />Cortez treatment plant, which cost is attributable to the neeo
<br />to size the pipeline sufficiently larqe enough to enable the
<br />delivery of the 'Ute Mountain ute Tribe's Dolores proiect water
<br />through the pipeline, shall be non-reimbursable and the ewCB
<br />has determined that prorata cost to be thirteen and four
<br />hundredths percent (13.04%) of the entire project; and
<br />
<br />WHEREAS, pursuant to House Bill No. 1102, Fifty-Fourth
<br />General Assembly of the State of Colorado, duly enacted into
<br />law, the Colorado Water Conservation Roard has been authorized
<br />to loan and grant a sum not to exceed Seven Million DOII~S
<br />($7,000,000) for construction of the project; '.
<br />395-5301-W'W Page I of..J!..- pages
<br />.IS~c inSlnll"lionsun revefloC uf last page.)
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