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. .,'''IUIIi.AC-(J2A VE CONTRACT $653,000 THIS CON'fRACT, nude this 1 ~t day of ';:p['t-pmhpr '98A, by and between the Stale of Colorado for the use and benefit of tile Department of'l N,'lj-Ilr"l R",,<>r.l1r,",p~ Ir.olorado Watpr r.on~prvation RORrd\ hereinafter ref~rrcd to as the State, and .2 HPnrylyn Trrigi'ltinrl ni~j-rir-t (prnc:pp,",; ..D.alJi ProjpC't) P () Rox 8"> Hnrlc:nn C'r.lnr,'lrln AllE;A? hereinafter referred to as the contractor, WHEREAS. authority exists in the Law and Funds have been budgetell. appropriated and otherwise made ""l.ibblc and a SlJfficient unencumbered b<ilancc thereof remains a~~ble f~~yment in Fund Number.dtHHl G/l Account Number <; 11 <;"7 ,Contract Encumbrance Number ' <('?3 and WHEREAS, required aprwval, clearance lInd coordination has been accomplished from and with approl)riate aJ;l"IIf.:ics; anJ WItEREAS, 'J pursuant to the provisions of 37-60-119, Colorado Revised Statutes 1973, as amended, the State is authorized to construct certain water projects for the benefit of the people of the State; and WHEREAS, the Contractor is an Irrigation District in the State of Colorado and wishes to undertake repairs of the Pro~pect and LOrd D<lllla, hereinafter called the project, for the members of the Henrylyn Irrigati.on District in Weld County, Color.ado, at <In estimated cost of about Six Hundred FiftY-'l'hree 'i'housand Doll<lcS ($653,000); and WHEREAS, the State has agreed to construct part of said project and to sell the same to the Contractor upon mutually agreeable terms and conditions, subject to the approval of app~opriations for that purpOse by the Colorado General ^ssembly and the Goverilor of the State of Colorado; and WHEREAS, pursuant r.o Senate Bill NO. 67, Fifty-Second General Assembly of the State of Colorado, duly enacted by the Colorado General Assembly and approved by the Governor of the State of COlorado, there was appropriated to the State the sum of six Hundred and Fifty-Three Thousand Dollar~ ($653,000) plus Or minur. such amounts as may be justified by reason of ordinary fluctuation in construction costs for construction of part of the project; and WHEREAS, the Contractor has available from its own sources and from other sources sufficient funds to construct the remainder of the project; NOW THEREFORE, in ~onsideration of the mutual and dependent covenants herein contained, it is agreed by the parties as follows: ^. The COntractor agrees that it will; 1. Cause the construction of said project to be completed within two (2) years of the date of tois contract in accordance with the project plans and specifications and any necessary mOdification thereof ~pproved by the State. No payment will be made under this contract until the Contractor has submitted project plans and specifications and sQid project planG and specifications have been approved by the State. The above mentioned time ~ay be extended by the St~te if such time is ~sufficient because of acts of Cod or other acts Or circumstances bexand the control of the Contractor. 2. Conveyor cause title to be conveyed by deed ot other proper conveyance to the State, the follQwing portions of the proposed p(oject facilities: (a) An individual one-tenth {IIIOl interest i~ and to the Prospect Dam located in Sections 25, 26, 35 & 36 in Township 1 N, in Range 64W, 6th P.M., together with all inlet and outlet ditches and structures appurtenant thereto or used in connection therewith. 3. Permit periodic inspection of construction by t~e authorized representa- tives of the State during construction and permit the Gtate to review and approve or disapprove any contracts for the construction of the project or the performance of work pursuant to such contracts Or subcontracts. 4. Without expense to the State, manage, operate, and maintain the project Page I of......5..- pages *(Sec inlihuctions 011 rcvcrSll of lut page.)