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PROJ00292
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Last modified
11/19/2009 11:17:46 AM
Creation date
10/5/2006 11:47:58 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153375
Contractor Name
Canon City, City of
Contract Type
Loan
Water District
12
County
Fremont
Bill Number
SB 81-439
Loan Projects - Doc Type
Contract Documents
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<br />entire principal balance, determined in accordance with the default <br />schedule attached hereto as Exhibit "B", immediately due and payable, <br />(b) for the account of the Contractor incur and pay'reasonable <br />expenses for repair, maintenance and operation of the water system <br />herein described and sUch expenses as may be necessary to cure the <br />cause of default, and/or (c) take possession of the water system, <br />repair, maintain and operate or lease it. The provisions of this <br />contract may be enforced by the State at its option without regard <br />to prior waivers by it of previous defaults by the Contractor, <br />through judicial proce~dings to require specific performance of, <br />this contract or by such other proceedings in law or equity as may <br />be deemed necessary by the State to insure compliance with provisions <br />of this contract and the laws and regulations under which this <br />contract is made. <br /> <br />O. The State agrees that it shall. <br /> <br />1. Make available to the Contractor for th~ purpose of this <br />contract not to exceed the sum of Two Hundred Thirty-One Thousand <br />Dollars ($231,000). Said Two Hundr~d Thirty-One Thousand Dollars <br />($231,000) shall be made available to the Contractor in accordance <br />with the following terms and conditions. <br /> <br />a. Beginning with the monthly period commencing April 1, <br />1982 and for every month thereafter until said project has been <br />completed, the Contractor shall prepare with the assistance of the <br />consulting engineer referred to in Paragraph B.l. above,' an estimate <br />of the funds required from the State for project construction during <br />that month and shall forward said estImate to the State not less <br />than 15 days prior to the beginning of such month. <br /> <br />b. upon receiPt and approval by the Stat~ of such monthly <br />estimate, the State will, within 40 days from the receipt of such <br />estimate, pay over to the Contractor the amount of the monthly <br />estimate or such portion thereof as has been approved by the State. <br /> <br />c. No payments will be made under this contract until the <br />project plans and specifications referred to in Paragraph B.l. above <br />are approved by the State. <br /> <br />2. Provide the Contractor with such technical assistance as <br />the State deems appropriate in planning, constructing and operating <br />the project and in coordinating the project with local official <br />comprehensive plans for sewer and water and with any State or area <br />plans for the area in which the project is located. <br /> <br />E. This contract is not assignable by the Contractor except with <br />written approval of the State. <br /> <br />F. The parties to this contact intend that the relat~onship between <br />them contemplated by this contract is that of employer-independent <br />contractor. No agent, employee or servant of the contractor shall <br />be or shall be deemed to be an employee, agent Or servant of the <br />State. The Contractor will be solely and entirely responsible for <br />its acts and the acts of its agents, employees, servants and <br />Subcontractors during the performance of this contract. <br /> <br />G. At all' times during the performance of this contract, the <br />Contractor shall strictly adhere to all applicable federal and <br />state laws that have be~n or may hereafter be established. <br /> <br />H. This agreement is intended as the complete integration of all <br />understandings between the parties. No prior Or contemporaneouS <br />addition, deletion or other amendment hereto shall have any force <br />or effect whatsoever unless embodied herein in writing. No <br />subsequent novation, renewal, addition, deletion or other amendment <br />hereto shall have any force or effect unless embodied in a written <br />contract executed and approved pursuant to the state fiscal rules. <br /> <br />I. In its sole discretion, the State may at any time give any <br />consent, deferment, SUbordination, release, satisfaction or <br /> <br />Page 4 of 9 <br />
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