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<br />, \ <br /> <br />. <br /> <br />. <br /> <br />CONTRACTOR: TOWN OF MONUMENT <br />Contract No. C150102 <br />Contract Amount $194,428 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 03 PDA ",,0;Z g <br /> <br />MITIGATION GRANT CONTRACT <br /> <br />THIS CONTRACT, made this October 1, 2002, by and between the State of Colorado for <br />the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board, hereinafter referred to as the CWCB and/or STATE, and the Town of <br />Monument, Colorado, a governmental entity, P. O. Box 325, 166 2nd Street, <br />Monument CO 80132, hereinafter referred to as the CONTRACTOR. <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise <br />made available and a sufficient unencumbered balance thereof remains available for <br />payment as follows: Fund Number 483, Organization YYYV, Appropriation Code 010; <br />GBL M102, Program WTRC, Object Code 5110, Contract Encumbrance No. C150102. <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />3. The Contractor has performed rehabilitation on the Monument Lake Dam and such <br />rehabilitation has affected the Preble's Jumping Mouse habitat. <br /> <br />4. The Contractor submitted a fish and wildlife mitigation proposal to the Colorado Wildlife <br />Commission ("Commission") and upon agreement of the mitigation plan by the <br />Contractor and Commission, pursuant ~ 37-60-122.2(1 )(b), submitted such mitigation <br />plan to the CWCS. <br /> <br />5. At its July 2002, meeting, the CWCB adopted the mitigation plan approved by the <br />Commission, incorporated herein by reference, as the official state position on wildlife <br />mitigation for the Monument Lake Dam Rehabilitation project, and awarded the Town <br />of Monument a grant from the Fish and Wildlife Resources Fund to cover the eligible <br />design and construction costs of the mitigation plan in the amount of $194,428 based <br />on the mitigation limits set in 9 37-60-122.2(2)(b). <br /> <br />6. The Project Summary, attached as Appendix 1 and incorporated herein, contains <br />Contractor Information (Section 1) and Project Description (Section 2). <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants <br />contained herein, the parties agree as follows: <br /> <br />A. The Contractor agrees that all actions and determinations required of the Colorado <br />Division of Wildlife, the Commission and the CWCB pursuant to 9 37-60-122.2(1) and <br />(2) CRS as conditions precedent to the making of this grant have been taken and <br />made; agrees with the Commission's letter dated July 12, 2002, which sets forth the <br />recommended Official State Position on the mitigation plan and mitigation grant <br />conditions, attached and incorporated herein as Appendix 2; and seeks and hereby <br />accepts a grant in the amount of $194,428 for purposes of implementing the Official <br />State Position. <br /> <br />Page 1 of 5 <br />