PROJC01613

• Contract/PO #: C153307
• Contractor Name: Overland Ditch and Reservoir Company
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Contract Documents

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UEPAI ~NT OR AGENCY NUMBER
34-04-00
CQNTltACT ROUTING NUMBER

No encumbrance

CONTRACT AMENDMENT

TlIIS CONTRACT, made this Is t day of ,1111 y
State of Colorado for the llse and benefit of the Department of . 1
(Colorado Water Conservation Board) .
hereinafter referred t~. as the State, and '2 thp- Overland Ditc:h anfl
Hotchkiss. CQlorado 81419.
hereinafter referred to as t!le contractor,

198 3" by and between the
Nntural Resource~

Rp-~prvnir r.ompnny,

WHEREAS, authority exists in the law and Funds ha....e been budgeted, appropriated and otherwise made
a....ailable and a sufficient unencumbered balance thereof remains Zilable for payment in Fund Number 4008
G/l Account Number5710X , Contract Encumbrance Numbe /..s:3::3~ and
ABL Account Number ~, Org. Unit 77-77-7 7,
WHEREAS. required appro....:ll, clearance and coordinat.ion has been accomplished from and with appropriate
agencies; and

WHEREAS, the State and the Contractor did on July 1, 1979, enter
into a contract for State participation in the construction of the
Overland project for the benefit of the members of the Overland
Ditch and Reservoir Company in Delta County, Colorado, which contract
is attached hereto as Exhibit A and is hereby incorporated herein;
and

WHEREAS, the Contractor has been unable to cause construction
of the Overland project to be completed within three (3) years of
the date of the original contract for reasons and circumstances
beyond its control; and

WHEREAS, the Contractor is still interested in pursuing the
construction of the Overland project;

NOW, THEREFORE, in consideration of the mutual and dependent
covenants herein contained, it is agreed by the parties hereto as
follows:

1. The terms and provisions of paragraphs Al and A9 of that
certain contract dated July I, 1979, attached hereto as Exhibit A
and incorporated herein by reference, shall no longer be effective.
All other terms and provisions of that certain contract dated July 1,
1979, shall remain in full force and effect.

2. The State shall change paragraphs Al and A9 to read as
follows:

A. The Contractor agrees that it will:

1. Cause the construction of said project to be completed within
three (3) years of the date of this contract (July 1, 1983) in
accordance with the project plans and specifications and any
necessary modification thereof approved by the State. No payments
will be made under this contract until the project plans and
specifications are approved by the State. The above-mentioned
time may be extended by the State if such time is insufficient
because of acts of God or other acts or ciroumstances beyond the
control of the Contractor.

9. Purchase from the State all of the State's right, title, and
interest in said project and any facilities thereof at a total
purchase price of One Million Two Hundred Forty-Three Thousand
Forty Dollars ($1,243,040), payable in forty (40) annual install-
ments of Thirty-One Tfiousand Seventy-Six Dollars ($31,076) each,
which first installment shall be due and payable on July 1, 1986,
and yearly thereafter until the entire principal sum shall have
been paid. Said installment payment shall be made payable to the
Colorado Water Conservation Board, payable at the offices of said
board in Denver, Colorado.

395.53.01,C010

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