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<br />(
<br />
<br />)
<br />
<br />c)
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<br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory
<br />authority under which it is made, .
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<br />7. Casualty and eminent domain. If, at any time, durin,g the term of this contract, (a) the BORROWER'S
<br />PROJECT facilities and/or property pledged as collateral for this loan, induding buildings or any portion
<br />thereof, are damaged or destroyed, in whole or in part, by fire or other casualty, or (b) title to or use.Qf
<br />the PROJECT facilities m any part thereof shall be taken under the exercise of the power of eminent domain,
<br />the BORROWER shall cause the net proceeds of any insurance claim or condemnation award to be applied
<br />to the prompt replacement, repair and restoration of the PROJECT facilities .or any portion thereof. Any net
<br />proceeds remaining after such work has been completed shall be paid to the BORROWER. If the net
<br />proceeds are insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER shall
<br />complete the work and pay any cost in excess of the net proceeds.
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<br />B. Captions. That the captions and headings contained in this contract are for convenience and
<br />reference only and shall not be construed so as to define or limit the terms or provisions contracted herein.
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<br />9, STATE'S approval. This .contract requires review and approval of plans, specifications, and various
<br />other technical and legal documents. The STATE'S review of these documents is only for the purpose .of
<br />verifying BORROWER'S compliance with this contract and shall '!'Ot be construed or interpreted as a technical
<br />review or approval of the actual design or construction of the.~I:'I'!OJECT. Notwithstanding any consents or
<br />approvals given the BORROWER by the STATE on any suc1\:'dllcoments, BORROWER and its CONSULTANT
<br />preparing any such documents shall be solely responsil:>le for the accuracy and completeness of any of the
<br />construction documerlts.
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<br />10. Addresses for mailing; All notices, correspondence, or other documents required by this contract
<br />shall be delivered or mailed to the following. addresses:
<br />
<br />,
<br />
<br />For the STATE:
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<br />For the. BORROWER:
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<br />Colo.rado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn: William P. Stanton
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<br />Castle Pines North Metropolitan District
<br />650 Castle Pines Drive South
<br />Castle Rock, CO 80104
<br />Attn: Paul V. Dannels, Manager
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<br />D. Special provisions (1993 version)
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<br />1, Controller's approval.. This contract shall not be deemed valid until it shall have been approved by the
<br />Controller of the State of Colorado or such assistant as lJe may designate. This provision is applicable to any
<br />contract involving the payment of money by the STATE.
<br />
<br />2. Fund availability. Financial obligations of the State of Colorado ~payable after the current fiscal year
<br />are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
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<br />3. Bond requiremeot. If this contact involves the payment of more than fifty thousand dollars for the
<br />construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunn'el,
<br />excav.ation or other public work for this STATE, the CONTRACTOR shall, befo.re entering upon the performance
<br />of any such work included in this 'contract, duly execute and deliver to the STATE officiai who will sign the
<br />contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
<br />not less than .one-half .of the total amount payable by the terms ..of this contract. Such bond shall be duly
<br />executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in
<br />addition, shall provide that if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials,
<br />team hire, sustenance, .provisions, provender or other supplies used or consumed by such CONTRACTOR or his
<br />subcontractor in performam:e of the work contracted to be done or fails to pay any person who supplies rental
<br />
<br />CASTLE PINES NORTH METRO DISTRICT
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<br />LOAN CONTRACT
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