PROJC02282 ‎(2)‎

• Contract/PO #: C150223
• Contractor Name: Keenesburg, Town of
• Contract Type: Loan
• Water District: 2
• County: Weld
• Loan Projects - Doc Type: Contract Documents

Title 11, Colorado Revised Statutes (the "Supplemental Act") provides that a
public entity, including the BORROWER, may elect in an act of issuance to apply all
or any of the provisions of the Supplemental Act. The BORROWER'S board hereby
elects to apply all of the Supplemental Act to the Promissory Note.
b. Pursuant to Section 11-57-210 of the Supplemental Act, the Promissory Note shall
contain a recital that it is issued pursuant to certain provisions of the Supplemental
Act. Such recital shall be conclusive evidence of the validity and the regularity of
the issuance of the Promissory Note after its delivery for value.
c. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable
action brought with respect to any legislative acts or proceedings of the
BORROWER in connection with the authorization or issuance of the Promissory
Note, including but not limited to the adoption of this Loan Agreement, shall be
commenced more than thirty days after the authorization of the Promissory Note.
d. Pursuant to section 11-57-209 of the Supplemental Act, if a member of the
BORROWER'S board, or any officer or agent of the BORROWER acts in good faith, no
civil recourse shall be available against such member, officer, or agent for
payment of the principal, interest or prior redemption premiums on the Promissory
Note. Such recourse shall not be available either directly or indirectly through the
CWCB or the BORROWER, or otherwise, whether by virtue of any constitution,
statute, rule of law, enforcement of penalty, or otherwise.
i3. Recital. This Loan Contract is authorized pursuant to and in accordance with the
Constitution of the State of Colorado and all other laws of the State of Colorado
thereunto enabling. Specifically, but not by way of limitation, this Loan Contract is
authorized by the BORROWER pursuant to Title 31, Article 35, Part 4, C.R.S., Title 11,
Article 57, Part 2, C.R.S. and Title 37, Article 45.1 C.R.S. and shall so recite in the
Promissory Note. Such recitals shall conclusively impart full compliance with all
provisions and limitations of such laws and shall be conclusive evidence of the validity
and regularity of the issuance of the BORROWER, and the Promissory Note delivered
by the BORROWER to the CWCB containing such recital shall be incontestable for any
cause whatsoever after its delivery for value.
14. Addresses for mailing. All notices, correspondence, or other documents required by
this contract shall be delivered or mailed to the addresses shown in the Project
Summary, Section 1 for the BORROWER and to the address below for the CWCB:
Colorado Water Conservation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203
SPECIAL PROVISIONS (7/1/06 version). State Fiscal Rule 3-1 requires the inclusion of these
Special Provisions in every STATE contract, including grants.
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
Loan Contract C150223
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