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C153445 Contract
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Last modified
11/19/2009 11:29:59 AM
Creation date
10/5/2006 11:55:28 PM
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Loan Projects
Contract/PO #
C153445
Contractor Name
Summit Reservoir and Irrigation Company
Contract Type
Loan
Water District
32
County
Montezuma
Bill Number
HB 84-1128
Loan Projects - Doc Type
Contract Documents
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<br />prepare, with the assistance of the engineering firm <br />referred to in paragraph A.I. above, an estimate of <br />the funds required from the State for project <br />con~truction during that month and shall forward said <br />estImate to the State not less than fifteen (IS) 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 tOI <br />the Borrower.the amount of the monthly estimate <br />or such portion thereof as has been approved <br />by the State. <br /> <br />c. No payments will be made under this contract <br />until the project plans and specifications referred <br />to in paragraph A.I. above are approved by the State <br />and the warranty deed described in paragraph A.5. <br />above has been executed, recorded, and filed with <br />the Colorado Water Conservation Board. <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 is 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 contemplated 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, and 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 established. <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 unless embodied <br />herein in writing. No subsequent novation, renewal, addition, <br />deletion, or other amendment hereto shall have any force or <br />effect unless embodied 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 Eighty-One Thousand Six Hundred Dollars ($81,600), as set <br />forth in paragraph A.ll. of this contract, the State agrees to <br />convey to the Borrower all of the State's right, title, and <br /> <br />Page 5 of 8 Pages <br />
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