CT2019-2034 Contract

• Contractor Name: Florida Consolidated Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

A. "Base Loan Amount"means the amount disbursed to the Borrower,which does not include
the one percent(1%) loan origination fee.
B. "Breach of Contract" means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law,
by or against Borrower, or the appointment of a receiver or similar oficer for Borrower or
any of its property,which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. If Borrower is debarred or suspended under
§24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or
suspension shall constitute a breach.
C. "Business Day"means any day other than Saturday, Sunday, or a Leggy 1 Holiday as listed in
§24-11-101(1), C.R.S.
D. "Collateral"means property or other assets that the Borrower offers a security for the loan,
also referred to as the "Pledged Property."
E. "Contract" means this agreement, including all attached Appen ices, all documents
incorporated by reference, all referenced statutes, rules and cited auth rities, and any future
modifications thereto.
F. "Contract Funds"means the funds that have been appropriated,desig ated,encumbered,or
otherwise made available for payment by the State under this Contrac .
G. "CORA"means the Colorado Open Records Act, §§24-72-200.1,et. eq., C.R.S.
H. "Deed of Trust" means the security instrument conveying the title a particular piece of
property or other assets as collateral for this loan.
I. "Incident"means any accidental or deliberate event that results in or c nstitutes an imminent
threat of the unauthorized access, loss,disclosure,modification,disru tion,or destruction of
any communications or information resources of the State,which are ncluded as part of the
Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents inclu e, without limitation,
(i) successful attempts to gain unauthorized access to a State syste or State Information
regardless of where such information is located;(ii)unwanted disruptin or denial of service;
(iii) the unauthorized use of a State system for the processing or s orage of data; or (iv)
changes to State system hardware, firmware, or software characterise cs without the State's
knowledge, instruction, or consent.
J. "Loan Effective Date"means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this Contract.
K. "Loan Origination Fee" means CWCB's Origination Fee of one perent(1%),added to the
FBase Loan Amount in accordance with CWCB Policy No. 16, resulting in the Total Loan
Amount shown on the Cover page of this Contract.
L. "Parity Indebtedness"means any existing parity debt and additional indebtedness that may
be secured in the future.
M. "Party"means the State or Borrower, and "Parties"means both the tate and Borrower.
N. "Pledged Property" means the property pledged to secure repaymen of this loan.
Contract Number:CT2019-2034 Page 5 of 20 Version 0119