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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the reason that the Plaintiff's current nonperformance is

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fully justified by Defendant's prior breach and by the

dispute regarding the labor and materialmens bond wh~ch was

not contemplated by either.of the par:ties at the time they
executed the agreement and frustrates the original intent of
the agreement.
5. A preliminary and permanent injunction is necessary
to maintain the status quo pending determination by the

Court of the necessity and amount of the bond, if any. and

to prevent immediate and irreparable damage to the Plaintiff.

6. The Plaintiff stands ready to post a surety bond if

the Court determines same to be necessary. Plaintiff sub-

mits that no surety bond should be r:equired as Defendant is
cur:r:ently holding over $77,000.00 due and owing the Plaintiff,
if requir:ed by the Court, a labor and mate~ialmens bond will
be furnished Defendant; and that the injunction her:eby

requested, if wrongfully issued, will cauSe nominal damage

to Defendant.

WHEREFORE, Plaintiff prays for: a preliminary and permanent

injunction against the Defendant restraining it from declaring

the Plaintiff in default under their contract and for such

other and further relief as .the Court may deem necessary.

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Robert . t~ckler, #9)/8
GRASSBY, HOLLORAN & BURRIS
Attorneys for: Plaintiff
P.O. Box AP, 141 Ninth Street
Steamboat Springs, CO 80477
Telephone: [phone]

Plaintiff, Carmen Alessi, Sr., d/b/a Sleeping Giant
Gravel Company, being duly sworn on his oath, deposes and
states that he has read the contents of the for:egoing Petition
for Declaratory Judgment and Motion for Preliminary and
Permanent Injunction and that the same are true and correct
to the best of his knowledge and belief.

r., a
Gravel Company

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