LPPD000408

• Contract/PO #: C153721
• Contractor Name: Lyons, Town of
• Contract Type: Loan
• Water District: 5
• County: Boulder
• Loan Projects - Doc Type: Contract Documents

b. consistent with both the statutory purposes of this contract and the limitations of the statutory
authority under which it is made.

8. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the BORROWER'S
PROJECT facilities, including buildings, or any portion thereof, are damaged or destroyed, in whole or in part,
by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part thereof shall be taken under
the exercise of the power of eminent domain, the BORROWER shall cause the net proceeds of any insurance
claim or condemnation award to be applied to the prompt replacement, repair and restoration of the PROJECT
facilities or any portion thereof. Any net proceeds remaining after such work has been completed shall be paid
to the BORROWER. If the net proceeds are insufficient to pay the full cost of the replacement, repair and
restoration, the BORROWER shall complete the work and pay any cost in excess of the net proceeds.

9. Services of PROJECT available without discrimination. The BORROWER shall make the services of said
PROJECT available within its capacitytol aile qualified persons in the BORROWER'S service area without
discrimination as to race, color, religion, or natural origin at reasonable charges (including assessments, taxes,
or fees), whether for one or more classes of serVic. e, if) accqrdance with a schedi\of such charges formally
adopted by the BORROWER through its ordinances.,... ..,....-1 ....

J O. Captions. That the captions and headings contained in thi1'"'lln7fact ~Ubenience and
reference only and shall not be construed so as to define or limit the t~t 1!P~o~ ;;tracted herein.

11. STATE'S approval. This contract requires review and approval of Plans~~etJqil;o~~and various
other technical and legal documents. The STATE'S review of these documents is only '~~v41urpose of
verifying the BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical
review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or
approvals given to the BORROWER by the STATE on any such documents, the BORROWER and its CONSOLTANT,
in preparing any such documents, shall be solely responsible for the accuracy and completeness of any of said
documents.

12. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall
be delivered or mailed to the following addresses:

For the STATE:

For the BORROWER:

Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, CO 80203
Attn: Construction Fund Section

Town of Lyons
P.O. Box 49
Lyons, CO 80540
Attn: Town Administrator

D. Special Provisions (1993 version)

1. Controller's approval. This contract shall not be deemed valid until it shall have been approved by the
Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any
contract involving the payment of money by the STATE.

2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.

3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the
construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel,
excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance
of any such work included in this contract, duly execute and deliver to the STATE official who will sign the
contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly

Town of Lyons

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Loan Contract