CT2016-2162 CPW & CWCB Loan Agreement

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4. TERM COMMENCEMENT AND TERMINATION The Parties' respective performances under this Agreement shall commence on the date the Agreement is signed by the State Controller or delegate(Effective Date).The termination date is according to the Loan Repayment Schedule(Exhibit A). 5. STATEMENT OF WORK For the purposes of this Agreement,the CPW's participation in the Chatfield Reallocation Project,is for the "cost of storage"and for engineering,recreation facilities construction,on-site mitigation,off-site mitigation,and compensatory mitigation monitoring as defined in the Agreement between the Department of the Army and the Colorado Department of Natural Resources for Reallocation of Water Storage Space,Recreation Modifications, and Compensatory Mitigation Features at the Chatfield Dam and Reservoir,Colorado dated October 9,2014, incorporated herein by reference is defined as the"PROJECT."The CPW's total participation cost is estimated to be $6,504,850. 6. PAYMENTS-MAXIUM AMOUNT On September 16, 2015 CWCB ("Board") approved a loan request from CPW for the Project. The total loan amount is$6,504,850.00 at an interest rate of 0%for a term of 30 years. 7. RECORDS-MAINTENANCE AND INSPECTION During the term of this Agreement and for a period terminating upon the later of(i)the five year anniversary of the final payment under this Agreement or(ii)the resolution of any pending Agreement matters(the"Record Retention Period"),each Party shall maintain,and allow monitoring and inspection by the other Party,and any other duly authorized agent of a governmental agency,of a complete file of all records,documents, communications,notes and other written materials,electronic media files,and communications,pertaining in any manner to the work or the delivery of services or goods hereunder. 8. CONFIDENTIAL INFORMATION-STATE RECORDS Each Party shall treat the confidential information of the other Party with the same degree of care and protection it affords to its own confidential information,unless a different standard is set forth in this Agreement.Each Party shall notify the other Party immediately if it receives a request or demand from a third party for records or information of the other Party. 9. FAILURE TO PERFORM-DISPUTES The failure of a Party to perform its respective obligations in accordance with the provisions of this Agreement is a breach of this Agreement.In the event of disputes concerning performance hereunder or otherwise related to this Agreement,the Parties shall attempt to resolve them at the divisional level.If this fails,disputes shall be referred to senior departmental management staff designated by each Party. If this fails,the executive director of each Party shall meet and attempt resolution.If this fails,the matter shall be submitted in writing by both Parties to the State Controller,whose decision shall be final. 10. NOTICE AND REPRESENTATIVES Each individual identified below is the principal representative of the designating Party.All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below.In addition to,but not in lieu of a hard-copy notice,notice also may be sent by e-mail to the e-mail addresses,if any, set forth below.Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.Unless otherwise provided herein,all notices shall be effective upon receipt. CWCB Kirk Russell 1313 Sherman St.,Room 718 Denver,Co 80203 Kirk.russell @state.co.us Page 2