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<br />2. Contract is not assignable. This contract is not assignable by the BORROWER except with the prior
<br />written approval of the STATE.
<br />
<br />3, Contract relationship. The parties to this contract intend that the relationship between them
<br />contemplated by this contract is that of lender-borrower, not employer-employee, No agent, employee, or
<br />servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or servant of the STATE. The
<br />BORROWER will be solely and entirely responsible for its acts and the acts of its agents, employees, servants,
<br />engineering firms, construction firms, and subcontractors during the performance of this contract.
<br />
<br />4, Complete integration of all understandings. This agreement is intended as the complete integration
<br />of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment
<br />hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent notation,
<br />renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a
<br />written contract executed and approved pursuant to STATE fiscal rules.
<br />
<br />5. Eligible expenses. PROJECT construction costs eligible for financing by t'fiT{I'E'jhfie limited to
<br />the cost of: r.fl.J.J.J
<br />
<br />a. Preparing final designs and specifications for the PROJECT.
<br />
<br />b. Preparing bid and construction contract documents.
<br />
<br />IN FULL
<br />
<br />c. Preparing environmental assessment or environmental impact statements, and otherwise complying
<br />with the Federal National Environmental Policy Act.
<br />
<br />d, Complying with all federal, state, and local regulatory requirements, including the obtaining of all
<br />required permits.
<br />
<br />e. Land and water rights acquisitions needed for the PROJECT, including the necessary appraisals and
<br />evaluations,
<br />
<br />f. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations.
<br />
<br />g. Actual construction as called for in the design documents and in change orders approved by the
<br />STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
<br />
<br />h. Engineering services for construction management, including design and construction management
<br />for STATE-approved change orders,
<br />
<br />i. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, acquiring the land and water rights needed for the PROJECT, and for
<br />complying with all federal, state, and local regulatory requirements, Legal services must be approved
<br />by the STATE in writing before they are rendered to be eligible for payment by the STATE.
<br />
<br />6. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any
<br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obligations under this contract with or without valuable consideration, upon such terms and conditions as the
<br />STATE may determine to be:
<br />
<br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest therein,
<br />and
<br />
<br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory
<br />authority under which it is made.
<br />
<br />TOWN OF MONUMENT
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<br />LOAN CONTRACT
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