CT2015-070 Intergovernmental Agreement

Home Browse Search

including execution of any security interest agreement associated with such funds as may be required by the Colorado Water Conservation Board. 2.7 CWCB Loan Feasibility Study. The funds made available by TDA pursuant to Section 2.3 above shall be included in the Loan Feasibility Study which is part of the application by the Authority to obtain approval of the CWCB loan. TDA agrees to provide all documentation including, but not limited to,availability of funds to meet the obligations of TDA pursuant to the terms and conditions of this Agreement. ARTICLE 3 TARGETED TIMELINE Attached hereto as "Exhibit B" and incorporated herein by this reference, is the anticipated timeline for completion the various components of the Projects. The parties understand and agree that completion of the individual components of the timeline are subject to change, including extension thereof, due to factors beyond the control of and unforeseen by the parties at this time. Unforeseen factors include,but are not limited to: (a) unforeseeable design and/or engineering factors, which are not caused by acts or omissions of the Authority,and which delay the ability of the Authority to design and engineer the Projects or any portion thereof; (b) unforeseeable regulatory issues, which are not caused by acts or omissions of the Authority,with any federal,state or local government agency having jurisdiction over the Projects or any part thereof, including, but not limited to, 404 permit, State Engineers approval and FEMA approval of CLOMR; (c) unforeseeable cause(s) beyond the control of the Authority including, but not limited to, acts of God, national emergencies, or other incidents beyond the control and not due to the fault of the Authority; and (d) unforeseeable issues in the acquisition of appropriate land,easements,and/or right-of- ways to allow the Authority to construct the Projects which are not caused by acts or omissions of the Authority. ARTICLE 4 CONTINGENCIES The obligation of the Authority to finalize the design and construct the Projects shall be specifically contingent upon the occurrence of the following events: Page 6 of 10