PROJ00395

• Contract/PO #: C153330
• Contractor Name: Upper Yampa Water Conservancy District
• Contract Type: Loan
• Water District: 0
• County: Routt
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Contract Documents

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IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF ROUTT

AND STATE OF COLORADO
Civil Action No. ~1'1.1

CARMEN ALESSI, Sr:., d/b/a
Sleeping Giant Gravel Company,

Plaintiff,

Defendant.

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PETITION FOR DECLARATORY
JUDGMENT AND MOTION FOR
PRELIMINARY AND PERXANENT
INJUNCTION

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vs.

UPPER YAMPA VALLEY \lATER
GONSERVANCY DISTRICT,

Plaintiff, Carmen Alessi, Sr., d/b/a Sleeping Giant
Gravel Company, by and through his attorneys, Grassby.

Holloran & Bunis, hereby petitions this Court for: a declaratory
judgment and states as follows:
1. Plaintiff is a resident of Steamboat Springs,

Colorado, and is doing business as Sleeping Giant Gravel

Company.

2. Defendant is a duly enacted water conservancy

district pursuant to the laws of the State of Colorado.

3. On Febr:uar:y 3, 1979, Plaintiff and Defendant entered

into a contract for the processing and delivering of gravel

to a dam site of Defendant, a copy of which is attached
hereto marked Exhibit A and by this r:eference made a part
her:eof.

4. The contract did not specify nor did Defendant

require that Plaintiff furnish a labor and materialm(:ns bond

before the commencement of work by Plaintiff.

5. Plaintiff has completed the "crushing portion of

the contractll together with a portion of the hauling and has

been paid in excess of $100,000.00 by Defendant.

6. The only portion of the contract rcrn~ining to be

completed is the hauling of approximately 30,000 tons of
processed gravel for which Plaintiff will be entitled to
approximately $42,000.00 under: the contract.