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<br />.f.
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<br />u~t'P'"' 'M~N J UK AGt.NCY NUMBER
<br />-04-00
<br />CONTRACT 1l!,:I~~/J'1:.BER
<br />
<br />No encumbrance
<br />
<br />FEASIBILITY
<br />REPAYMENT
<br />CONTRACT
<br />
<br />THIS CONTRACT. made this 15th day of August
<br />
<br />Sta'te of Colorado for th~ use and benefit of the Department of .,
<br />(Colorado Water Conservation Board),
<br />
<br />hereinafter referred to as the 'State, and'2 the Grand Mesa
<br />'P. O. Box 129, Cedaredqe, CO 81413,
<br />
<br />hereinafter referred to as the contractor.
<br />
<br />198 2.:. . by and between the
<br />Natural Resources
<br />
<br />Water Conservancy District,
<br />
<br />WHEREAS. authority exists in the Law'and Funds have been budgeted. appropriated and otherwise made
<br />available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 4008
<br />G/l Account Number~~. Contract Encumbrance Number NO t?, ; and
<br />ABL Account Number 1'27R.(),. Org. Unit 77-77-777,
<br />WHEREAS. re4uired approval. clearance and coordination has been accomplished from and with appropriate
<br />agencies: and
<br />
<br />WHEREAS, pursuant to the provisions of section 37-60-119,
<br />Colorado Revised Statutes' 1973, as amended, the State is
<br />authorized to construct certain 'water'projects for the benefit of
<br />the people of the State of Colcirado~' and'
<br />
<br />.W~EREAS, the Contractor has made application to the State
<br />for the improvement of existing facilities of the Grand Mesa.
<br />Water Conservancy District, such improvement to the facilities
<br />is hereinafter sometimes referred to as th~ project~ and
<br />
<br />WHEREAS, the Contractor is a Water Conservancy District
<br />within the State of Colorado~ and
<br />
<br />WHEREAS, the State has entered into a contract with the
<br />engineering firm of PRC Engineering for the, purpose of preparing
<br />a project feasibility report, a copy of which is attached hereto
<br />as Exhibit A and hereby made a part of this contract~
<br />
<br />NOW THEREFORE, 'it is hereby agreed that:
<br />
<br />1. The Contractor, in consideration' for the State's
<br />promises herein set 'forth~ promises to indemnify, save and hold
<br />harmless and defend the State, and a1\ of its 'employees and
<br />agents, acting officially or otherwise, from any and all
<br />liability, claims, demands, actions, debts, and attorney fees
<br />arising out 'of,- claimed 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 />s'ustained in connection with the pe'rformance of this contract,
<br />or by.conditions created thereby, or based upon any violations of
<br />any statute, ordinance, or regulations, and the defense of any
<br />such claims or actions.'
<br />
<br />2. In consideration of the State assuming a portion of the
<br />~ost of the preparation of the said project feasibility report,
<br />the Contractor shall pay to the State the sum of Ninety-Five
<br />Thou~and Eight 'Hundred Thirty Dollars ($95,830) provided that
<br />construction of the subject water project is initiated.within t~n
<br />(10) years of the date of this contract. The Contractor shall
<br />fulfill this obligation irrespective 'of how or by whom or to
<br />what specifications or plans the subject project is financed,
<br />paid, or constructed' for so long as construction of the project
<br />'is initiated within the' specified time.
<br />
<br />3. In the event the Contractor must make payment pursuant
<br />to the terms of paragraph 2 above" then the said sum of
<br />Ninety-Five Thousand Eight Hundred Thirty Dollars ($95,830) shalt
<br />be payable in ten (10) equal yearly installments of Nine Thousand
<br />Five Hundred Eighty-Three. Dollars ($9,583) each, the first
<br />installment to be due and payable upon the January 1st next
<br />succeeding the initiation of construction on the said water
<br />project. Subsequent payments shall be due and payable on January
<br />'1st of each year thereafter'.
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<br />395-53-<>1-1014 Page I of ---A... pages
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<br />*(Sce inSlrllctionson reverse orJast page.)
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<br />31B
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