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<br />h"lll o-AClJ1A <br /> <br />__u,,_ \,'..~J.1.::JL_____ <br />Jlj.I'J\/{ ~II',NT(JI{ A(;I-NC\' NUMIlU{ <br />34-04-00 <br />CONTR/\C1 IWUTlNC t\:l!MllI':~ <br /> <br />:;~__u <br />$395,000.00 <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made lhis 15th dllyof September 1971., by and bel ween the <br />State of Colorado for the use and benefit of the Deparlmenl of'l Natural Resources <br />(Colorado Water Conservation Board) <br />hereinafter referred 10 as the State, and'2 Town of Dove Creek r <br />nove Creek, Colorado' 81324 <br />hereinafter referred 10 as the contractor, <br /> <br />WHEREAS, authority exists in the law and Funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance therCJlf remains available for paymelll in Fund Number 400R <br />G/L Account Number 1)7017, Contract Encumbrance Number 815J167; and <br /> <br />WHEREAS, required approval, clearance and coordination has been accomplished from and with appropri3le <br />3gencies; and <br /> <br />WHEREAS, ., pursuant to Title 37, Article 60, Colorado Revised <br />Statutes 1973, as amended, the State, through the Colorado Water <br />Conservation Board) ~ay construct water resource projects and make <br />the waters available therefrom to the residents of the State of <br />Colorado upon conditions to be determined by the Colorado Water <br />Conservation Board; and <br /> <br />WHEREAS, the CODtractor is a duly constituted incorporated town <br />of the State of Colo~ado and wishes to undertake construction of a <br />domestic water system; hereinafter called the project) for the Dove <br />Creek community in Dolores County, Colorado, at an estimated. cost of <br />Four Hundred Thousand Dollars ($400,000); and <br /> <br />WHEREAS, the parties hereto have jointly conducted a feasibility <br />investigation of said project and have found that such a project is <br />economically feasible; and <br /> <br />WHEREAS) the State) through the Colorado water Conservation Board) <br />has agreed to construct said project and sell the same to the Con- <br />tractor upon mutually agreeable terms and conditions) subject to the <br />approval of appropriations for that purpose by the Colorado General <br />Assembly and the Governor of the State of Colorado; and <br /> <br />WHEREAS, pursuant to Senate Bill No. 35, Fifty First General <br />Assembly of the State of Colorado, duly enacted by the Colorado General <br />Assembly and approved by the Governor of the State of Colorado, there <br />was appropriated to the Colorado Water Conservation Board the sum of <br />Four Hundred Thousand Dollars ($400,000) for construction of the Dove <br />Creek project; and <br /> <br />WHEREAS) the Contractor has available from its own sources and <br />from a loan and grant approved by the Farmers Horne Administration and <br />the Four Corners Regional Commission of the United States sufficient <br />funds to construct the remainder of the project. <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent <br />covenants herein contained, it is ag;eed by the parties hereto as <br />follows: ,~ <br /> <br />A. Contractor agrees that it will: <br /> <br />1. Cause said project to be constructed within two years of the <br />date of this contract in accordance with the project plans and <br />specifications and any necessary modification thereof prepared <br />by it as approved by the State) unless such time is extended by <br />the State) or unless such time is insufficient because of acts of <br />God or other acts or failure to act beyond the control of the <br />Contractor. <br /> <br />2. Conveyor cause title to be conveyed by deed or other proper <br />conveyance to the Colorado Water Conservation Board, Department <br />of Natural Resources, State of Colorado, the following portions <br />of the proposed project facilities: <br /> <br />P3ge I oflpages <br /> <br />*(See instruclionsuJlrevcrwoflasl page.) <br />