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<br />PROJECT <br /> <br />CONTRACT <br /> <br /> <br />THIS CONTRACT. made th.is .r:pt. day of ~~fi-/ <br /> <br />Slale of Colorado for the use and benefil of lnt' Department of 'I Jatural <br />(Colorado water Conservation Board) , <br /> <br />hereinafter R'ferred 10 as the Slale, and '2 the DeWeese-Dve Ditch <br />Company1631 Chestnut, Canon City, CO 81212, <br /> <br />hereinafler referred 10 as (he cOnltaClOr.lContractor. <br /> <br />34-04-00 <br />L..TRACT RAUTING NUMlIER <br />;Y'7/ '7 <br />$106,000 <br /> <br />198 L . by and between the <br />Resources <br /> <br />and Reservoir <br /> <br />WHEREAS. authority exisls in the Law and Funds have been tludgeled. appropriated and otherwise made <br />available and a sufficienl unencumbered balance lhertof remains ~ilabJ~oaymenl in Fund Number 400 B . <br />elL Accmml Number 542 6X . COlltract Encumbrance Numberl-}~-:1 : and <br />ABL Account No, 14260, Org. Init 77-77-777. <br />WHEREAS. re4uireti aflflru~ance ",ld coordination has been accomplished from and wi[h ;lppropriale <br />agencies: and <br /> <br />..,.,rtt.....,.\~, <br />....;.r!,4( '\ ~t\'. ,t~..:. <br />l~" ~"';l \ "', <br />WflEREAS. pursuant to the provisiond!pf 37-'..~9-1t9 ',and"(~": <br />37-60-120, Colorado Revised ~~~t~<l" u~~, Stat\>o is authorized <br />to loan money for the constru tO~Of ~ater projects for the <br />benefit of the people of the ~~~provi~ed that the Contractor <br />assures repayment of that mone f' and I <br />" , <br />WfiEREAS. the Contractor is...a:ditch aIld reservoir company in <br />the state of colorado and it wishes to u~grade its ditch <br />company delivery system. he~einafter sorn~times called the <br />project. tor the benefit of its sharehol~ers in Fremont County. <br />Colorado. at an estimated cost of Two Hupdred Twelve Thousand <br />Dollars ($212.000); and <br /> <br />WHEREAS. tne State now desires by thiS project contract to <br />loan money for 'the construction of said project upon mutually <br />agreeable terrn~ and conditions. subject to the availability of <br />f~nding for that purpose; and <br /> <br />WHEREAS. p~rsuant to the Contractor's Bylaws. the <br />Contractor has authority to contract to borrow money provided <br />that a Resolution be duly passed by its Board of Directors and <br />to levy assessments assuring repayment of the State according <br />to the terms of the con~ract; and <br /> <br />-,' <br />" <br /> <br />WHeREAS. pursuant to section 1 ot chapter 32. Session Laws <br />of Colorado 1987. as amended by Senate Bill 30, Fifty-Sixth <br />General AssemblY. the State has been authprized to loan One <br />Hundred Six Thousand Dollars ($106.000) for c,01st','~~~,rn, of the <br />proJect. 41f '" ,\ 'l~ <br />NOW THEREFORE. in consideration ~b the ~t\uai:~nd\~ <br />depe'.'dent covenants herein~" ILlO'<!;,j,n, ed~,.!i'i,J" ,', s \~i.I,',F.e~~i~l'yJ"'he <br />partles hereto as follows: 'm~\ ,,~:~;~ i'! '~:,',t" :'H~~.w=- <br />A. The Contractor agrees t~~~~,ii,',":-1i~! sh~t;"';~?1j~!~~ .J~\'~~'w <br />""" ,'- "" <br />';-'s ~. <br />1. Employ 80 eogineerin~~rm (hereinafter referred to as <br />the Consultant) to prepare project plans and specifications for <br />the project. Both the Consultant and the project plans and <br />specifications must be approved in writing by the State before <br />construction on the project can commence. For purposes of this <br />pa.ragraph. "construction" includes any real estate and water <br />riqhts acquisitions~ <br /> <br />2~ Contract for the construction of said project to a <br />responsible and capable firm or firms (hereinafter referred to <br />