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PROJ00453
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Last modified
11/19/2009 11:17:47 AM
Creation date
10/5/2006 11:56:03 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153530
Contractor Name
DeWeese-Dye Ditch and Reservoir Company
Contract Type
Loan
Water District
12
County
Custer
Bill Number
SB 88-30
Loan Projects - Doc Type
Contract Documents
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<br />D. This contract is not assignable by the Contractor except <br />with the prior 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 Contractor shall be. or shall be deemed to be. <br />an employee. agent. or servant of the State. The -Contractor <br />will be sOlely and entirely responsible for its acts and the <br />acts of its agents. employees. servants. engineering firms. <br />construction firms. and supcontractors during the performance <br />of this contract. <br /> <br />F. At all times duri~g the performance of this contract. the <br />Contractor shall strictly adhere to all applicable federal and <br />State laws and regulations that have been or may hereafter be <br />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 State fiscal rules. <br /> <br />H. In its sole discretion. the State may at any time and in <br />writing give any consent. deferment. subordination. release. <br />satisfaction. or termination of any or all of the Contractor's <br />Obligations under this agreement. with or without valuable <br />consid~ration. upon such ~errns and conditions as .{l~:~,~tate mar <br />determIne to be: (a) advlsable to further the ~ r dpe'_~ of th1s <br />contract or to protect the State I s financial . ~Fest"i'perein. <br />and (b) consistent with both the statutory Arp"$,es of',:this <br />co~tra~t ~nd the limitations of the statu~,::.:~utb.?'.r.i r..y; under <br />whlch It 1S made. ,~,:'_h - , <br /> <br />I. Upon completion of repayment to t~!R-I'_~ te-'\\~>fhe amount of <br />Two Hundred -For.ty-Seven Thousand One Hqf1dre'd ,~JfVen Dollars and <br />Twenty Cents ($247.107.20) as s .;~fth\in p,(lragraph A.l3. <br />above of this contract. the S . -,.e ctI1Fees:, to "'convey to the <br />Contractor all of the state'r! #':~_:n$)' title. and interest in and <br />to the project and any other pro~~Fty described in paragraph <br />A.14. above by deed or other prop.e>-r."-;.conveyance. <br />>f)'" <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 />K. The Contractor agrees and understands that sections <br />37-60-119 through 37-60-122. CRS. as amended. require that the <br />loan of money by the State to the Contractor for this water <br />project be conditioned upon the repayment of the loan to the <br />State. The Contractor hereby agrees to take any and a}} <br />actions necessary to guarantee such repayment as provided <br />herein including. without being limited to. the actions <br />specified in this contract. <br /> <br />L. The Contractor agrees that the specific revenues to be <br />pledged to repay the State shall include. without being limited <br />to. an assessment levied for that purpose as authorized by <br />Resolution of the Contractor. The Contractor hereby pledges <br />such assessment revenues to repay the State loan. warrants that <br />these revenues will not be used for any other purpose. and <br />agrees to provide the State a perfected security interest in <br />
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