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SECTION 5— SCHEDULE OF EXISTING DEBT <br /> The BORROWER has no existing debt that has a lien on the revenues pledged to repay <br /> this loan, which are the Colorado River Water Projects Enterprise's revenues. <br /> SECTION 6 —ADDITIONAL CONDITIONS & CONTRACT REQUIREMENTS <br /> CWCB approval of this loan included the condition that funding of this project be <br /> contingent upon the CWCB's approval of an Acquisition Agreement that contemplates <br /> the District's permanent conveyance to the CWCB of the 5,0.00, acre-feet of water <br /> from the permanent fish pool and provide a lease forup top2,000 acre-feet of water <br /> annually from the temporary fish pool the CWCB to maintain instream frows in the <br /> critical habitat reach of the Yampa River. The Acquisition Agreement is currently <br /> being negotiated and no funds shall be disbursed until the Acquisition Agreernent is <br /> completed. <br /> SECTION 7 — 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 <br /> to 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 <br /> by § 37-87-105 C.R.S., the BORROWER shall provide a letter of approval from the <br /> State 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 <br /> the BORROWER and found acceptable by the CWCB staff. <br /> F. The BORROWER must provide a copy of the executed construction contract <br /> documents consisting of the contractor's proposal, construction contract, <br /> performance bond, payment bond, notice of award, notice to proceed, sample <br /> change order, and sample field order, as well as the advertisement for bid and bid <br /> bond at bidding. After the CWCB staff verifies that these documents comply with <br /> the terms of this contract, the BORROWER may issue the notice to proceed to the <br /> Construction Firms. <br /> G. The BORROWER shall conduct a pre-construction conference at which time the <br /> CWCB staff shall have the opportunity to review and approve the construction <br /> schedule. <br /> H. If the CWCB staff determines that the PROJECT requires a resident inspector during <br /> construction, the BORROWER shall employ an inspector who has been approved by <br /> the CWCB staff. <br /> I. The BORROWER shall construct the PROJECT in accordance with the approved <br /> plans and specifications. <br /> J. Upon completion of the PROJECT construction, the BORROWER shall provide as-built <br /> Page 2 of 3 <br />