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C153444 Contract
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C153444 Contract
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Last modified
8/10/2011 10:19:32 AM
Creation date
10/5/2006 11:45:33 PM
Metadata
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Loan Projects
Contract/PO #
C153444
Contractor Name
Farmers Extension Ditch & Highland Lake Lateral Company
Contract Type
Loan
Water District
1
County
Weld
Bill Number
SB 80-67
Loan Projects - Doc Type
Contract Documents
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<br />construction during that month and shall forward said <br />estimate to the State not less than fifteen (15) days <br />prior to the beginning of such month. <br /> <br />b. Upon receipt and approval by the State of such <br />monthly estimate, the State will, within forty (40) <br />days from the receipt of such estimate, pay over to <br />the Borrower the amount of the monthlY estimate <br />or such po~tion thereof as has been approved <br />by the Stat.e. <br /> <br />c. No payments will be made under this contract <br />until the vroject plans and specifications referred <br />to in paragraph A.I. above are approved by the State. <br /> <br />2. Provide the Borrower with such technical assistance as <br />the State deems appropriate in planning, constructing, and <br />operating the project and in coordinating the project with <br />local official comprehensive plans for sewer and water and with <br />any State or area plans for the area in which the project is <br />located. <br /> <br />D. This contract i~ not assignable by the Borrower except <br />with written approvaL of the State. <br /> <br />E. The parties to this contract intend that the relationship <br />between them conternp!ated by this contract is that of <br />lender-borrower, not employer-employee. No agent, employee, or <br />servant of the Borrower shall be or shall be deemed to be an <br />employee, agent, or servant of the State. The Borrower will be <br />solely and entirely responsible for its acts and the acts of <br />its agents, employees, servants, engineering firms, <br />Construction Firms, ~nd subcontractors during the performance <br />of this contract. <br /> <br />F. At all times during the performance of this contract, the <br />Borrower shall strictly adhere to all applicable federal and <br />state laws that have been or may hereafter be eptablished. <br /> <br />.. <br /> <br />G. This agreement is intended as the complete integration of <br />all understandings between the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto <br />shall have any force or effect whatsoever unlesp embodied <br />herein in writing. NO subsequent novation, renewal, addition, <br />deletion, or other amendment hereto shall have any force or <br />effect unless enillodied in a written contract executed and <br />approved pursuant to the State fiscal rules. <br /> <br />H. In its sole discretion, the State may at any time give any <br />consent, deferment, subordination, release, satisfaction, or <br />termination of any or all of the Borrower's obligations under <br />this agreement, with or without valuable consideration, upon <br />such terms and conditions as the State may determine to be (a) <br />advisable to further the purposes of this contract or to <br />protect the State's financial interest therein, and (b) <br />consistent with both the statutory purposes of this contract <br />and the limitations of the statutory authority under which it <br />is made. <br /> <br />I. Upon completion of the repayment to the State in the sum <br />of Five Hundred Thirty-Six Thousand One Hundred Sixty Dollars <br />($536,160), as set forth in paragraph A.ll. of this <br />contract, the State agrees to convey to the Bor~ower all of the <br />State's right, title, and interest in and to the project and <br />any other property described in paragraph A.5. by deed or other <br />proper conveyance. <br /> <br />J. The Colorado Water Conservation Board, its agents and <br />employees, is hereby designated as the agent of the State for <br />the purpose of this contract. <br /> <br />Page 5 of 8 Pages <br />
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