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PROJ00544
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Last modified
8/11/2011 10:23:54 AM
Creation date
10/6/2006 12:00:53 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153609
Contractor Name
Conejos Water Conservancy District
Contract Type
Loan
Water District
22
County
Conejos
Bill Number
SB 87-15
Loan Projects - Doc Type
Contract Documents
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60 days of the due date as described in paragraph 5 of this <br />Contract, or the Borrower is at any time in arrears to the State in <br />an amount equal to one annual installment payment under this <br />Contract. However, the State shall not take possession of Platoro <br />Dam and Reservoir if the Borrower's default in payment is caused by <br />an order of the Colorado State Engineer, prohibiting storage and <br />release of water from Platoro Reservoir pursuant to the Rio Grande <br />Compact. If the State does take possession of Platoro Dam and <br />Reservoir pursuant to this Contract, the State may repair, maintain <br />and operate it by itself, by hiring others to operate the Project, <br />and/or by leasing or assigning its rights to operate, maintain, <br />repair and replace the Project. The State agrees to operate, <br />maintain, repair and replace Platoro Dam and Reservoir consistent <br />with the Repayment Contract and all other contracts and agreements <br />affecting Platoro Dam and Reservoir. The State's possession and <br />use of the Project facilities shall be consistent with the Project <br />purposes, to assure that beneficiaries within the Conejos Water <br />Conservancy District boundaries will continue to be served by the <br />Project, while allowing the State to satisfy the Borrower's <br />repayment obligations pursuant to this Project Contract. The State <br />further agrees to cooperate with the Borrower to help the Borrower <br />regain competency to operate the Project, and to return possession <br />and control of the Project to the Borrower as soon as possible <br />after the default has been cured and the Borrower reasonably <br />demonstrates that the Borrower is competent to operate, maintain, <br />repair and replace the Project consistent with this Contract. <br />14. After the.Borrower has completely repaid the State all <br />moneys covered by this Contract, the State will relinquish or <br />convey to the Borrower in a manner permitted by law all of the <br />State's right, title and interest in and to the Platoro Dam and <br />Reservoir Project, including possession of the Project facilities, <br />revenues, reserve escrow account, security agreement and insurance <br />coverage described herein. <br />15. The Borrower warrants that each entity has full power and <br />authority to enter into this Contract. The execution and delivery <br />of this Contract and the performance and observation of its terms, <br />conditions and obligations have been duly authorized by all <br />necessary actions of the Borrower. <br />16. The Borrower warrants that by accepting a loan pursuant <br />to the terms of this Contract and by the Borrower's representations <br />made herein, the Borrower shall be estopped from asserting for any <br />reason that it is not authorized or obligated to repay the loan <br />pursuant to the terms of this Contract to the State. <br />17. The Contractor shall provide the State with such perio3ic <br />reports as the State may require and permit periodic inspections of <br />its operations and accounts by a designated representative of the <br />State qualified in the area in which such inspection is being made. <br />FQ <br />
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