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C153723 PIF Contract
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C153723 PIF Contract
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Last modified
12/11/2012 10:49:04 AM
Creation date
12/11/2012 10:33:47 AM
Metadata
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Loan Projects
Contract/PO #
C153723
Contractor Name
Orchard Mesa Irrigation District
Contract Type
Loan
Water District
72
County
Mesa
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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f. 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 />g. Engineering services for construction management, including design and construction management <br />for STATE- approved change orders. <br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br />construction contract documents, and for complying with all federal, state, and local regulatory <br />requirements. Legal services must be approved by the STATE in writing to be eligible for financing by <br />the STATE. <br />7. 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 DISTRICT'S and /or <br />BORROWER'S obligations under this contract, with valuable consideration, upon such terms and conditions as <br />the STATE may determine to be: <br />advisable to further the purposes of this contract or to protect the STATE'S financial interest therein, <br />and <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 />8. Casualty and eminent domain. If, at any ing the term of this contract, (a) the BORROWER's <br />PROJECT facilities and /or property pledged as s I - >.. is tincluding buildings or any portion thereof, <br />are damaged or destroyed, in whole or in 'or ?per sL olty, or (b) title to or use of the PROJECT <br />facilities or any part thereof shall be taken u e ex P <br />f rcv; f i 'power of eminent domain, the BORROWER <br />shall cause the net proceeds of any insura ce c •di c rtd mnation award to be applied to the prompt <br />replacement, repair and restoration of the PRO E I fa r e' I 'r any portion thereof. Any net proceeds remaining <br />after such work has been completed shall, o t e BORROWER. If the net proceeds are insufficient to pay <br />the full cost of the replacement, repair an '',eoration, the BORROWER shall complete the work and pay any <br />cost in excess of the net proceeds. <br />9. Captions. The captions and headings contained in this contract are for convenience and reference only <br />and shall not be construed so as to define or limit the terms or provisions contracted herein. <br />10. STATE's approval. This contract requires review and approval of plans, specifications, and various <br />other technical and legal documents. The STATE'S review of these documents is only for the purpose of <br />verifying the DISTRICT's and the BORROWER's compliance with this contract and shall not be construed or <br />interpreted as a technical review or approval of the actual design or construction of the PROJECT rehabilitation. <br />Notwithstanding any consents or approvals given the DISTRICT and /or the BORROWER by the STATE on any such <br />documents, the DISTRICT, the BORROWER and its CONSULTANT, in preparing any such documents shall be solely <br />responsible for the accuracy and completeness of any of said documents. <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this contract shall <br />be delivered or mailed to the following addresses: <br />For the STATE: <br />Colorado Water Conservation Board <br />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />Orchard Mesa Irrigation District & Page 9 of 12 <br />Mutual Mesa Lateral Enterprise <br />For the BORROWER: <br />Mutual Mesa Lateral Enterprise and /or <br />Orchard Mesa Irrigation District <br />P.O. Box 356 <br />Palisade, CO 81525 -0356 <br />Loan Contract <br />
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