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Meridian, with a length of 4,000 feet of concrete ditch with two-foot <br /> width and 2h foot depth. <br /> 3. Permit periodic inspection of construction by the authorized representa- <br /> tives of the State during construction and permit the State to review and approve <br /> or disapprove any contracts for the construction of the project or the performance <br /> of work pursuant to such contracts or subcontracts. <br /> 4. Without expense to the State, manage, operate, and maintain the project <br /> system continuously in an efficient and economical manner, and assume all legal <br /> liability for such management, operation, and maintenance. <br /> 5. Make the services of said project available within its capacity to all <br /> persons in the Contractor's service area without discrimination as to race, color, <br /> religion, or natural origin at reasonable charges, including assessments, taxes, <br /> or fees in accordance with a schedule of such charges, whether for one or more <br /> classes of service, formally adopted by the Contractor through its board of <br /> directors, as may be modified from time to time by the Contractor. The intital <br /> rate schedule must be approved by the State. Thereafter, the Contractor may make <br /> such modifications to the rate schedule as the Contractor deems necessary to <br /> efficiently and economically provide for the financial requirements of the system <br /> as long as the rate schedule remains reasonable and non-discriminatory, and subject <br /> to the approval by the State. <br /> 6. Adjust its operating costs and service charges from time to time to provide <br /> for adequate operation and maintenance, emergency repair services, obsolescence <br /> reserves, and debt reserves. <br /> 7. Expand the system from time to time to meet reasonable growth or service <br /> requirements in the area within its jurisdiction. <br /> 8. Provide the State with such periodic reports as it may require and permit <br /> periodic inspections of its operations and accounts by a designated representative <br /> of the State. The Colorado Water Conservation Board, its agents, and employees, <br /> is hereby designated as the agent of the State for the purposes of this contract. <br /> 9. To purchase from the State all of the State` ' e, and interest <br /> in said project and any facilities thereof at a to h ;•rw e of Six Hundred <br /> Five Thousand Six Hundred Forty Dollars ($605,640) payab • , . ' y (40) annual <br /> installments of Fifteen Thousand One Hundred •r y-Ine Dollars ($15,141) each, <br /> which first installment shall be due and pays. : Seg.. - r 1 and yearly <br /> thereafter until the entire principal sum sh y+ .e b. - i <br /> Sa installment <br /> payment shall be made payable to the Colorado Water C• er • 13. ..A payable <br /> at the offices of said Board in Denver, Colorado. <br /> 10. Upon default in the payments herein set forth to be made by the Contractor, <br /> or in the performance of any covenant or agreement contained herein, the State, at <br /> its option, may (a) declare the entire principal amount then outstanding immediately <br /> due and payable; (b) for the account of the Contractor incur and pay reasonable <br /> expenses for repair, maintenance, and operation of the irrigation system herein <br /> described and such other reasonable expenses as may be necessary to cure the cause <br /> of default; and/or (c) take possession of the system, repair, maintain, and operate <br /> or lease it. The provisions of this contract may be enforced by the State, at its <br /> option without regard to prior waivers by it of previous defaults by the Contractor, <br /> through judicial proceedings to require specific performance of this contract or by <br /> such other proceedings in law or equity as may be deemed necessary by the State to <br /> insure compliance with provisions of this contract and the laws and regulations under <br /> which this contract is made. <br /> B. The State agrees that it will: <br /> 1. Make available to i.iie Contractor for the purpose of this contract the sum <br /> of Three Hundred Fifty Thousand Dollars ($350,000) . Said Three Hundred Fifty Thousand <br /> Dollars ($350,000) shall be made available to the Contractor in accordance with the <br /> following terms, schedule and conditions. <br /> (a) Beginning with the monthly period commencing September 15, 1980 <br /> and for every month thereafter until said project has been completed <br /> the Contractor shall prepare with the consulting engineer's help an <br /> estimate of the funds required from the State for project construction <br /> during that month and shall forward said estimate to the State not less <br /> than fifteen (15) days prior to the beginning of such month. <br /> Page 2 of 5 pages <br />