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<br />" <br /> <br />BARNES MEADOWS <br />DAM <br /> <br />EXHIBI'l' A <br /> <br />11J1'1',\In~!I;.'I/ l' .'11( AGt:N-n" ."Jli.\flUK <br />34-04-00 <br />CON fRACf KOl!TI~(; NI!\tBFIl; <br /> <br />Fonn 6.AC-(l~A (R j/ll~1 <br /> <br />NO ENCUr1BRANCE <br /> <br />TERMINATION <br />CONTH,\CT <br /> <br />THIS CONTRACT. made' Ihis day of 19 _. by and betwC'en the <br />Slale of Colorado for the U~ and benefit of tile l)eparlment of 'I Natural Resources <br />(Colorado Water Conservation Board), <br />hC'reinaftC'r n-ferred 10 as the Slale, and '2 the City of Greelev, <br />Greeley Civic Center, 919 7th St., Greeley, CO 80631, <br />hf.reinafler referred to as the conlraclor /Ccr,tractor. <br /> <br />WHEREAS, authorit)' e~isls in the Law and Funds ha\'C' been budF-C'ted. appropnated and olherwlse made <br />..vailahlC' and a sufficient unencumbered balance thereof remains available for pa\"ment in Fund I'<-umher N/A <br />GlL Account Number N/A. CUIlInll'1 Encumbrance Number N/A : ~nd <br /> <br />WHEREAS. re4uircd arrrtlvOII. clearance and coordination has been accomplished from and wilh appropriate <br />"8en~ies; and <br /> <br />WH}<~REAS. the State and the Contractor entered into a <br />contract on July 1. 1987 (attached as Extlibit Band <br />incorporated by reference herein). which contract shall <br />hereinafter be referred to as the "feasibility report <br />contract." in which the State agreed to pay the Contractor <br />'l'wenty-Two Thousand Six Hunt1red 8ighty-Three Dollars ($22,683) <br />for the purpose of partially funding a feasibility report <br />concerning the rehabilitation of the Barnes Meadow Dam and <br />Reservoir: and <br /> <br />WHgREAS. the feasibility report contract provided in part <br />the following terms: <br /> <br />5. In consideration of the State assuming a portion <br />of the cost of the preparatioll of the said project <br />feasibility report. t11e Contractor stlall pay to the <br />State the sum of 'l'wenty-.Nine Thousand Three Hundred <br />Seventy-Four Dollars and Fifty Cents ($29,374.50) <br />provided that construction of the SUbject water <br />project is initiated within ten (10) years of the date <br />of this contract. The Contractor shall fulfill this <br />Obligation irr.espective of how. or by whom. the <br />subject water project is financed or paid for 50 long <br />as construction is initiated within the specified time. <br /> <br />6. In the event the Contractor must make payment <br />pursuant to the terms of paragraph 5. above, then the <br />said sum of Twenty-Nine Thousand 1'hree Hundred <br />Seventy-Four Dollars and Fifty Cents ($29.374,50) <br />shall be payable in ten (10) equal installments of Two <br />'l'housand Nine Hundrp.d 'fhirty-Sevp.n Dollars and <br />Forty-Five Cents ($2.937,45) each, the first <br />installment to be due and payable upon the January 1st <br />next succeeding the initiation of construction on the <br />said water project, Subsequent payments shall be due <br />and payable on January 1st of each ye~r thereafter. <br /> <br />WHtkRAS. the State ~nd the Contractor intend to enter into <br />a separate contract (hereinafter refecred to as the I'pro}ect <br />conl.tactl') in which the State will loan the Contractor money <br />for the purpose of rehabilitating the Barnes Meadow Dam and <br />Reservoir; and . <br /> <br />WHEREAS. initiation of construction to perform the above <br />rehabilitation work will create an Obligation on the part of <br />the Contractor to make payments under the terms. specifically <br />paragraph Nos. 5. and 6.. of the existing feasibility report <br />contract; and <br /> <br />3622E"" <br /> <br />J9~101'I014 <br /> <br />P:t~l' I or -L- pages <br />EXHIBIT A <br />