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<br />" <br /> <br />~ <br /> <br />\ <br /> <br />its agents and employees, is hereby designated as the agent of..~h~. <br />State for the purposes of this contract. <br /> <br />8. Purchase from ~he State all of the State's right, title, and <br />interest in said project and any facilities thereof at a total purchase 26 <br />price of ~~~~~_allngI~g~Xhj~~~=~9~_3~2~~~~~__T~_~JL~~~~~~_~t~Q~_Q211~!~J334, <br />payable in annual inst~llments of _~~~T~~_~_~~~~L~~_~l~ty~2~~~E_EE11ars <br />_~~~l_QQ~___________-___ each, which first installment shall be due <br />and payable on EehLu~L~_~~_~~~____' and yearly thereafter until the <br />entire principal sum spall have been paid. Said annual installment <br />payment shall be made eayable to the Oivision of Disaster Emergency <br />Services in the offices of -said "Services in Golden, Colorado. Such payments, <br />will automatically be ~redited back to the Colorado Water Conservation <br />Board Construction Funo. <br /> <br />B. <br /> <br />Upon default in th, payments .herein set forth to be made by the <br />Contractor, or in ~he performance of any covenant or agreement <br />contained herein, t:he State, at its option, may (al declare the <br />entire principal a~ount then outstanding immediately due and payable; <br />(b) for the accoun~ of the Contractor incur and pay reasonable expen- <br />ses for repair, maintenance, and operation of the water system herein <br />described and such other reasonable expenses as may be necessary to <br />cure the cause of default; and/or (c) take possession"of the 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 proceedings to require specific performance of this <br />contract or by such other proceedings in law or equity as may be <br />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 />c. <br /> <br />The State agrees that it will: <br /> <br />193.170) <br /> <br />1. Make available to the Contractor for the purpose of this contract <br />the sum 0 f Q.!!.~_.!!.1!.D2.!~.9J.J..!L~J:"y"'-_TJL~tLfL_t.I:!..Q.'!..ll.~Q.<<:!_Q.!l.~_!!~!l~!.~si_Q!:!~~D.!X_.P211 a r ~ <br />Sa i d QniL!!.!J.D.fJ.[..e.!;Ll:lj..D~s...Y-=.1'll..r~.JL_Tj1_0_l!..~<a.Q..c.!.._Q..ll.~_tl.Id.!l2.f.~!!_~~Y~.!!lX_.Q..Q..!12 r s s h a 1 j <br />be made available to the Contractor in accordance with the following <br />terms, schedule and conditions. <br /> <br />(al Beginning with the monthly period commencing _~~~~b_j~_~j~J <br />and for every month thereafter until the project has <br />bee~-c~mpleted, the Contractor shall prepare an estimate of the <br />funds required from the State for project construction during <br />that month and shall forward said estimates to the State not less <br />than fifteen (15) days prior to the beginning of such month. <br /> <br />(b) Upon receipt and approval by the State of such monthly <br />estimate, the St~te will, within forty (40) days from the receipt <br />of such estimate," pay over to the Contractor the amount of the <br />monthly estimate or such portion thereof as has been approved by <br />the State. <br /> <br />2. Assist the Contractor in such technical assistance as the State <br />deems appropriate in constructing and operating the project and in <br />coordinating the prpject with local official comprehensive plans and <br />with any. state or area plans for the(area in which the project is <br />located. <br /> <br />D. Upon completion of ttle, payment of the full purchase pr ice to the State <br />in the sum of ,j'.hI..e.e....~...xh.i.:c...U~~Y..L_'r.tLQ.!!~e.!l9._.T~.Q_!!1!I!.9.!~.9_,j:j...9....hj;...:L.Q.ollar <br />134,280)aS set forth in para9raph A.B. of this contract, to convey to the <br />Contractor all of the State1s right, title, and interest in and to <br />the project by deed or other conveyance. <br /> <br />E. In its sole discretion, the State may at any time give any consent, <br />deferment, subordination, release, satisfaction, or termination of any <br />or all of the Contractor's obligation under this agreement, with or <br />without valuable con~ideration, upon such terms and conditions as the <br />State" may determine to be (a) advis"able to further the purposes of <br />this contract or to vrotect the State1s financial interest therein, <br />and (bl consistent with both the statutory purposes of this contract <br />and the limitations Of the statutory authority under which it is made. <br /> <br />Page _1_ of _2_ pages <br />