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C150333 Contract
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C150333 Contract
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Last modified
2/21/2014 3:07:22 PM
Creation date
2/18/2014 12:00:05 PM
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Loan Projects
Contract/PO #
C150333
Contractor Name
Montezuma Valley Irrigation Company
Contract Type
Loan
Water District
71
County
Montezuma
Loan Projects - Doc Type
Contract Documents
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The Dolores Water Conservancy District, a Colorado quasi - municipal corporation <br />( "DWCD "), has two agreements with the Borrower (MVIC), under which the Borrower <br />has repayment obligations to DWCD secured by a first lien on the Borrower's <br />assessment revenues. These Agreements include the "Contract between DWCD and <br />MVIC for Adjustment of Water Rights and Sale of the Use of Irrigation Water, Dolores <br />Project, Colorado River Storage Project" (Articles 4, 6, 7 and 8), and the "Contract <br />Among the United States and DWCD, MVIC and the Ute Mountain Ute Tribe <br />Providing for the Adjustment of Water Rights and for the Rehabilitation, Operation, <br />Maintenance and Replacement of Facilities to Reduce Salinity Inflow to Colorado <br />River" (Articles 5 and 6). <br />SECTION 6 - COLLATERAL <br />In addition to the property pledged in paragraph 8 of the loan contract, the collateral <br />provided for this loan, as evidenced by the executed Deed of Trust, in the form <br />attached as Appendix 5 and incorporated herein, shall be the May Pipeline, as more <br />particularly described in the attached Deed of Trust ( "Collateral "). <br />SECTION 7 — ADDITIONAL CONDITIONS & CONTRACT REQUIREMENTS <br />A. Prior to disbursement of loan funds, the CWCB shall receive a parity position with <br />the Dolores Water Conservancy District on the Company's assessment revenues <br />for the new debt added by this loan. <br />B. Any funds received by the Borrower from the Bureau of Reclamation related to the <br />water accounting system shall be given to the CWCB and will be applied to the <br />outstanding principal loan balance, and the loan contract shall be amended to the <br />reduced loan amount. <br />SECTION 8 — CONSTRUCTION FUND PROGRAM PROCEDURES <br />A. The BORROWER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PROJECT. <br />B. The BORROWER's and the Engineering Consultant's Agreements and the plans and <br />specifications must be submitted to the CWCB staff for verification of compliance <br />with the terms of this Contract when available prior to bidding. Any modifications to <br />the plans and specifications must be approved in writing by the CWCB staff. <br />C. For plans and specifications for all jurisdictional dams and reservoirs, as defined by <br />§ 37 -87 -105 C.R.S., the BORROWER shall provide a letter of approval from the State <br />Engineer's Office prior to construction. <br />D. CWCB staff must be present at bid opening and must approve the award of the <br />construction contract. <br />E. The BORROWER shall contract for the construction of the work with responsible and <br />capable Construction Firms, which said Construction Firms shall be selected by the <br />BORROWER and found acceptable by the CWCB staff. <br />Appendix 1 to Loan Contract C150333 <br />Page 2 of 4 <br />
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