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Fnrm 6.AC.02,\ (0 DEt.......rMENT OR AGEN 34-04-00 CONTRACT ROUTING NUMBER \<,';.;/.-./ No encumbrance PROJECT CONTRACT AMENDMENT THIS CONTRAcj~ made this~ _day of December State of Colorado for the use and benefit of tile Department of.1 Natura 1 (Colorado Water Conservation Board), hereinafter referred to as the State and "2. the Town of Hotchkiss, P. O. Box 368, Hotchkiss, CO ~1419, hereinafter referred to as the contractor. 198 5. by and between the .. Resources .,::-- WHEREAS. authority exists in the Law and Funds have bceon budaeted. appropn.ted and otherwise made available and a sufficient unencumbered balance thereof remains available fOf payment in Fund Number 4008 G/l Account Number 5705X. Contract Encumbrance Number 1/:'~.~'1,t{. and ABL Account Number 17051, Org. Unit 77-77-777, WHEREAS. r~~uired approval. clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, the State and the Contractor did on April 15, lQS1, enter into a contract for State participation in the repairs of the domestic water system of the Contractor for the benefit of its citizens; and WHEREAS, the Contractor had to complete construction of said project within two years of the date of the contract; and WHEREAS, because of the inability of the Contractor to secure moneys to match the available State moneys, part of the project could not be fully funded until 1985. ,- NOW THEREFORE, in consideration of the mutual and dependent covenants herein contained, it is agreed by the parties hereto as follows: 1. The Contractor, in consideration for the State's promises herein set forth, promises to indemnify, save and hold harmless and defend the State, and all of its employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts, and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this contract, or by conditions created thereby, or based upon any violation of any statute, ordinance, or regUlation, and the defense of any such claims or actions. 2. The terms and provisions of paragraph A.1. of that certain contract dated April -15, 1981, attached hereto as Exhibit A and incorporated herein by reference shall no longer be effective. All other terms and provisions of that certain contract dated April 15, 1981, shall remain in full force and effect. 3. The State shall amend paragraph A.1. to read as follows: A. The Contractor agrees that it will: 1. Cause the construction of said project to be completed within ten (10) years of the date of this contract in accordance with the project plans and specifications and any necessary modifications thereof approved by the State. No payments will be made under this contract until the project plans and specifications are approved by the State. The above-mentioned time may be extended by the State if such time is insufficient because of acts of God or other acts or circumstances beyond the control of the Contractor. , 524 hotchkiss 395.53.Q1-C010 Page I of -L paga -(See inltrucdonson revene oIlu1 P....)