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<br />.' <br /> <br />/' <br /> <br /> <br />Fonn 6-AC-42A (R 5/85) <br />W/FRPB <br /> <br />-3 <br />DEPAR I !>lENT OR AG NCY NUMBER <br />34-04-00 <br /> <br /> <br />PROJECT <br />CONTRACT <br /> <br />$77,675 <br /> <br />'.S!lv 11 <br />THIS CONTRACT. made' ,his /.. day of -" ( <br />Stale of Colorado for the use and benefit of the Oepar2nt . I <br />(Colorado Water Conservation Board), <br />hereinaftC'f I'f'ferred 10 as the Stllte, and '2 the Lone Cabln Ditch and ReserVOlr <br />Company, 4236 N. Road, Paoula, CO H142B, I <br />hereinafter referred to as the coJllractor /Contractor and the North Fork Water Conservancy <br />District, a duly consLituted water con~ervancy district, sponsoring agency. <br />WHEREAS. authority exi~ls in the' Law and Funds have been budgeted. appropriated and otherwise made <br />3r.1ilablC' and a sufficient unencumbered balance (hereof remains available for ~ymenl in Fund Number 4008 , <br />GlL Account Number 5369X. Conirael Encumbrance Numbert'LQ :{. and <br />ABL Account No. 13690, Org. Unit 77-77- 77, <br />WHEREAS. relJuircd appr/)val. clearance llnd coordinalion has been accomplished from and with appropriale <br />_llencie$; and <br /> <br />198 L . by and bel ween Ihe <br />Natural Resources <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 />WHEREAS. the Contractor is a duly. constituted Colorado <br />corporation. sponsored by a water conservancy district in the <br />State of Colorado. and wishes to repair its Lone Cabin Dam. <br />hereinafter called the project. for the benefit of the <br />stockholders of the Lone Cabin Ditch and Reservoir Company in <br />Delta County. Colorado. at an estimated cost of One Hundred <br />Thousand Dollars ($100.000): and <br /> <br />WHEREAS. a feasibility investigation of Gaid project was <br />conducted and it was found that such a project is technically <br />and financially feasible; and <br /> <br />WHEREAS. on ~ 1.3 . ~, the State and the <br />North"Fork Water Co erv ncy District entered into an agreement <br />(attached as Exhibit A and incorporated by reference herein and <br />hereinafter referred to as the termination contract) which <br />terminated a feasibility report contract (attached as Exhibit B <br />and incorporated bY reference herein) previOUSly entered into <br />between the parties. <br /> <br />WHEREAS. the termination contract provides for the <br />repayment to the the State the principal amount of Three <br />Thousand Ten Dollars and Ninety Cents ($3.010:90) under the <br />terms and conditions of that contract in consideration of the <br />State's partial financing of the feasibility report for the <br />project; 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 the state and the Contractor agree that the <br />repayment of the feasibility report funding shall be <br />consolidated with the repayment of the project loan; and <br /> <br />WHEREAS. pursuant to Senate Bill No. 15. Fifty-Sixth <br />General Assembly of the State of Colorado. duly enacted into <br />law. the State has been authorized to loan a sum not to exceed <br />.Eighty T~ousand Dollars ($80.000) for construction of the <br />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 State and the North Fork Water Consecvancy District <br />entered into an agreement (attached as Exhibit A and <br /> <br />39HJ.01-1014 <br /> <br />Page I of--...!L pages <br /> <br />7149E <br />