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<br />C. The STATE and the BORROWER mutually agree as follows:
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<br />1, Designated agent of the STATE. The CWCB, which includes its agents and employees, is hereby
<br />designated as the agent of the STATE for the purpose of this contract.
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<br />2. Contract is not assignable. This contract is (lot assignable by the BORROWER except with the prior
<br />written approval of the STATE.
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<br />3. Contract relationship. The parties to this contract intend that the relationship between them
<br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent, employee,
<br />or servant of the BORROWER shall be, or shall be deemed to be, ~ an employee; agent, or servant of the
<br />STATE. The BORROWER will be solely and entirely responsible for its acts, and the acts of its agents,
<br />employees, servants, engineering firms, construction firms, and subcontractors during the performance
<br />of this contract.
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<br />4. Complete integration of all understandings. This agreement is intended as the complete integration
<br />of all understandings between the partieS. No prior or contemporaneous addition, deletion, or other
<br />amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No
<br />subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
<br />unless embodied in a written contract executed and approved pursuant to STATE fiscal rules. ,,'
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<br />5, Eligible expenses. PROJECT construction costs eligible for financing by the STATE shallliEilrrftited
<br />to the cost of:
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<br />a. Preparing final designs and specification~ for the PROJECT,
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<br />.. b: Preparing bid and construction contract documents.
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<br />c. Preparing environmental assessment or environmental impact statements, and otherwise
<br />complying with the Federal National Environmental Policy Act.
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<br />d. Complying with all federal, state, and loclll regulatory requirements, including the obtaining of
<br />all required permits.
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<br />e. Fish and wildlife mitigation measures req(.lired by federal, state, or local laws and regulations,
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<br />f. Actual construction as called for in the dasign documents and in change orders approved by
<br />tlie, STATE, the BORROWER,'the CONSULTANT and the CONSTRUCTION FIRM,
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<br />. g, Engineering services for construction management" including design and construction
<br />management for STATE-approved change orders.
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<br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
<br />construction contract documents, acquiring the land and water rights needed for the PROJECT, and
<br />for complying with all federal, state, and local regulatory requirements. Legal services must be
<br />approved by the STATE in writing before they are rendered to be eligible for payment by the STATE.
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<br />,6. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any
<br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S
<br />obligations under this contract with valuable consideration, upon such terms and conditions as the STATE
<br />may determine to be:
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<br />a. advisable to further the purposes of this contract or to protect the STATE'S financial interest
<br />therein, and
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<br />CASTLE PINES NORTH METRO DISTRICT
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<br />LOAN CONTRACT
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