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<br />Form 6-AC..{l2A IR 51851
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<br />HEI'AR :",OR AGENC NUMBER
<br />34-,,~-00
<br />CONTRACT It ITING NUMBER
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<br />SECOND AMENDMENT
<br />PROJECT
<br />CONTRACT
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<br />No encumbrance
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<br />THIS CONTRACT, made this~day of October
<br />
<br />State of COIOTlldo for the lIse and beflefil of the Dep3rtment of . 1
<br />(Colorado Water Conservation Board),
<br />
<br />hereinafter r...Cerred to as the State, aJ1d '2 the Town of Larkspur.
<br />p, 0, Box 128, Larkspur, CO 80118,
<br />
<br />her~illafler referred to as the contractor,
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<br />198 2.. . by and between the
<br />Natural Resources
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<br />WHEREAS, <llllhorit)" exists in lhe L:lW and Fuilds \-lave been budgeted, appropriated and otherwise made
<br /><Ivailablc and a sufficient unencumbered balanc"c thereof remains available for payment in Fund Number 40 n R ,
<br />G/L Account Number 5604X . COltfrac! Encllmbr;mce Number C1534 00: and
<br />ABL Account Number ~, Org, Unit 77-77-777,
<br />WHEREAS, required approval. clc:n;1l1ce and coordinfltion h:ls been accomplished from and with appropriate
<br />agencies: llnd
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<br />WHEREAS, the State and the Contractor did on December 15,
<br />1982, enter into a contract for state participa~ion in the
<br />construction of improvements to the Larkspur wa~er supply
<br />system in Douglas County, Colorado, which contr~ct is attached
<br />hereto as Exhibit A and is hereby incorporated ~ereini and
<br />
<br />WHEREAS, the State and the Contractor did on September 15,
<br />1983, amend the original contract to reflect an additional
<br />Twenty Thousand Dollars ($20,000), which amendeO contract is
<br />attached hereto as Exhibit B and is hereby inco~porated herein;
<br />and
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<br />WHEREAS, a request by the Contractor was s~bmitted to the
<br />. State asking that the amended contract be furUl@r amended to
<br />delay its first payment to the State by one yea~ because of
<br />time delays and extra project costs that were b@yond the
<br />Contractor's control; and
<br />
<br />WHEREAS, the State has verified that extra costs and
<br />delays to the project were.~aused by a landslid@ on the site.
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<br />NOW THEREFORE, it is hereby agreed that:
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<br />1. The Contractor, in consideration for t~e State's
<br />pro~ises .herein set. forth, ,promises to indemnify, save and hold
<br />harmless and defend. ~he'State, and all of its employees and
<br />agents, :acting offici-ally.. or otherwise, from any and all
<br />liability, claims, demands, actions, debts, and attorney fees
<br />arising out of, claiwed on account of, or in any manner
<br />predicated upon loss or damage to the property of and injuries
<br />to, or death of all persons whatsoever, which may occur, or is
<br />sustained in connection with the performance of this contract,
<br />or by conditions cre~ted thereby, or based upon any.violation
<br />of any statute, ordi~ance, or regulation, and the defense of
<br />any such claims or actions.
<br />
<br />2. The original contract, as amended (EXhibits A and B),
<br />is further amended as follows:
<br />
<br />Page 1 of the amended contract, item 2, paragraph
<br />A.12, is hereby illnended to read as follows:
<br />
<br />A. The Contractor agrees that it shall:
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<br />12. Purchase from the State all of the State's
<br />right, title, and interest in said project and any
<br />facilities thereof at a total purchase price of Three
<br />Hundred Eighty ~ousand Six Hundred Eighty-Eight Dollars
<br />($380,688), payable in forty (40) annual instailments of
<br />Nine Thousand Five Hundred Seventeen Dollars and Twenty
<br />Cents ($9,517.20) each, which first installment shall be
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<br />J95-5:HrJ-010.14
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<br />Page I of -L pages
<br />$(Scc inslrucliun~ un tL!vcnc ur last rage.)
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<br />319
<br />larkspur
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