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<br />Fonn b,AC-<l2A IR 5/8S\ <br />NFPB <br /> <br />_ I~ '6" IIO"Z-, <br />Ul' 'r/lou:." r OR ACi:NCY ."li.\tB~R <br />4-04-00 <br />CONTRACT RO~6G N~,"BER <br /> <br />PROJECT <br />CONTRACT <br /> <br />$139,000 <br /> <br />THIS CONTRA(T. made this 1st day of DecemDer 198 ~ . by and belween Ihe <br />Slale of Colorado for Ihe u~e and benefit of lile Deparlmenl of 'I N.'ltural Resources <br />(Colorado Water Conservation Board), <br />hereinafler referred 10 as lhe Slale. :lAd '2 the Grandview'Irritration Ditch Companv, <br />202 Mackenzie, Canon City, CO 81212, <br />herdnafler referred 10 as Ihe Contractor or the Borrower. <br /> <br />WHEREAS. aUlhority ,"'lists in lhe Law and Funds have been budgeted. approprialed and Olherwise made <br />ayailable and a sufficienl unencumbered b:Jiallce Ihereof remains ayAl!lQJe for jaymenl in Fund Number 4008 . <br />G/l Accllunl Number~. COlllra~'{ Encumbrance Numbera"J.:.(jC)~ and <br />ABL Account Number 1410Q, Org. Unit 77-77-777, <br />WHEREAS. re4uircd apPwY:lI. dearance and coordinalion has been accomplished from and with appropriate <br />J.!!,encies; and <br /> <br />WHEREAS, pursuant to the provisions of 37-60-119, Colorado <br />Revised Statutes, the State is authorized to loan money for the <br />construction of water projects for the benefit of the people of <br />the State: and <br /> <br />\ <br />\ <br />I <br />i <br /> <br />WHEREAS, the Borrower is a duly constituted irrigation <br />company in the State of Colorado and wishes to repair, or cause <br />to be repaired, its existing irrigation system, hereinafter <br />called the project, for the benefit of the stockholders of the <br />company, located in Fremont County, Colorado, at an estimated <br />cost of Six Hundred Thousand Dollars ($600,000); and <br /> <br />WHEREAS, a feasibility investigation of said project was <br />conducted and it was found that such a project is technically <br />and financially feasible: and <br /> <br />WHEREAS, the State has now agreed to loan money for the <br />construction of said project upon mutually agreeable terms and <br />conditions, subject to the availability of funding for that <br />purpose~ and <br /> <br />WHEREAS, pursuant to House Bill No. 1042, Fifty-Fifth <br />General Assembly of the State of Colorado, duly enacted into <br />law, the Colorado Water Conservation Board has been authorized <br />to loan a sum not to exceed Two Hundred Forty Thousand Dollars <br />($240,000) for construction of the project~ <br /> <br />NOW THEREFORE, in consideration of the mutual and <br />dependent covenants herein contained, it is agreed by the <br />parties hereto as follows: <br /> <br />A. The Borrower agrees that it shall: <br /> <br />1. Employ an engineering firm to prepare project plans <br />and specifications for the project. Both the engineering firm <br />and the project plans and specifications must be approved by <br />the State before initiation of construction on the project, <br />including any real estate and water rights acquisitions, can <br />corrunence. <br /> <br />2. Contract for the construction of said project to a <br />responsible and capable firm or firms (hereinafter referred to <br />as Construction Firm or Firms), which Construction Firms shall, <br />when required by the State, be selected through competitive <br />public bidding, said project to be completed within two (2) <br />years of the date of this contract in accordance with the <br />project plans and specifications and any necessary modification <br />thereof approved by the State. The State must approve, in <br />writing, all contracts before they can become effective. The <br />above-specified time may be extended by the State if such time <br />is insufficient because of acts of God or other acts or <br />circumstances beyond the control of the Borrower. <br /> <br />395-5}O'H014 <br /> <br />Page I of~pages <br />'(See in5lrudlons on re~er!oll of laS! page.) <br /> <br />1B6 <br />gran/v <br />