Laserfiche WebLink
8. The RESERVOIR is located in the White River National Forest and is allowed to be maintained by the <br />BORROWER under the provisions of a special use permit issued by the United States Forest Service; and <br />9. During the term of this loan, BORROWER and COOK intend to apply for an easement from the United <br />States Government under the provisions of Section 43 USC Section 1761. This easement, if granted, will be <br />substituted for the special use permit now authorizing the maintenance of the RESERVOIR in the White River <br />National Forest; and <br />10. The execution of this contract by the BORROWER and the obtaining of the loan under the terms and <br />conditions contained herein, shall not constitute a waiver by the BORROWER of any right conferred upon <br />BORROWER by law to seek reimbursement form COOK and /or the distributees thereof for their proportionate share <br />of the costs and expenses necessary for the repair and maintenance of the RESERVOIR, including but not limited <br />to the work included in the PROJECT; and <br />11 . Since the PROJECT is located upon federal lands, the structuring of an adequate security interest <br />in order to protect the STATE must involve collateral other than the PROJECT; and <br />12. BORROWER has the full right and lawful authority to execute this agreement, to borrow these monies <br />from the STATE, and to give the security contemplated; and <br />13. The STATE now desires, by this contract, to loan money to the BORROWER for this PROJECT upon <br />mutually agreeable terms and conditions; and <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained, it is agreed <br />• • . <br />by the parties as follows: • . • <br />A. The BORROWER a'grees,as follows: <br />• • S . <br />•. <br />1. Construction 'Fund Program procedures. The following items are procedures the BORROWER Will <br />follow during tie cgns ;wction phase of the PROJECT. <br />•'� •�Preperation of plans and specifications. e ER shall employ an engineering firm, <br />hereinafter referred to as the CONSULTANT, re e St of Colorado to prepare PROJECT <br />• plaits and specifications for the PROJECT. Ti C uLTAN e rwER /CONSULTANT agreement, <br />'• • grid the PROJECT plans and specifications fiiust@ writing by the STATE before <br />' • 'construction on the PROJECT can commence. ,q `� > <br />b. Bidding. CWCB staff must approve bidding fior the PROJECT. BORROWER may prepare the notice <br />of award and the notice to proceed with construction; however, both notices must be approved by <br />the CWCB staff before they are issued. The BORROWER shall conduct a pre- construction conference <br />and the CWCB staff will have the opportunity to review and approve the construction schedule. <br />c. Performance of work. The BORROWER shall contract for the construction of the work with <br />responsible and capable firms (hereinafter referred to as CONSTRUCTION FIRMS), Which CONSTRUCTION <br />FIRMS shall be selected by the BORROWER and found acceptable by the STATE before work under this <br />contract begins. <br />d. Completion. Upon completion of the PROJECT, the BORROWER will provide as -built drawings of <br />dams and reservoirs to the State Engineer's office for approval and filing. As -built drawings for all <br />other PROJECTS will be provided to the CWCB staff for approval and filing. <br />Caryl Carroll Page 2 of 11 Loan Contract <br />