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<br />b. consistent with both the statutory purposes of this contract and the limitations of the statutory
<br />authority under which it is made.
<br />
<br />8, Casualty and eminent domain. If, at any tirne, during the term of this contract, (a) the BORROWER'S
<br />PROJECT facilities, including buildings, or any portion thereof, are damaged or destroyed, in whole or in part,
<br />by fire or other casualty, or (b) title to or use of the pROJECT facilities or any part thereof shall be taken under
<br />the exercise of the power of eminent domain, the BORROWER shall cause the net proceeds of any insurance
<br />claim or condemnation award to be applied to the prompt replacement, repair and restoration of the PROJECT
<br />facilities or any portion thereof. Any net proceeds ren1aining after such work has been completed shall be paid
<br />to the BORROWER. If the net proceeds are insufficient to pay the full cost of the replacement, repair and
<br />restoration,. the BORROWER shall complete the work and pay any cost in excess of the net proceeds.
<br />
<br />g, Services of PROJECT available without discrimination. The BORROWER shall make the services of said
<br />PROJECT available within its capacity to all qualified persons in the BORROWER'S service area without
<br />discrimination as to race, color, religion, or natural origin at reasonable charges (including assessments, taxes,
<br />or feesl, whether for one or more classes of service, in accordance with a schedule of such charges formally
<br />adopted by the BORROWER through its ordinances.
<br />
<br />J O. Captions. That the captions and headings contained in this contract are for convenience and
<br />reference only and shall not be construed so as to define or limit the terms or provisions contracted herein.
<br />
<br />11, STATE'S approval. This contract requires review and approval of plans, specifications, and various
<br />other technical and legal documents. The STATE'S review of these documents is only for the purpose of
<br />verifying the BORROWER'S compliance with this contract and shall not be construed or interpreted as a technical
<br />review or approval of the actual design or construction of the PROJECT. Notwithstanding any consents or
<br />approvals given to the BORROWER by the STATE on anY such documents, the BORROWER and its CONSULTANT,
<br />in preparing any such documents, shall be solely responsible for the accuracy and completeness of any of said
<br />documents.
<br />
<br />12, Addresses for mailing. All notices, corresponclence, or other documents required by this contract shall
<br />be delivered or mailed to the following addresses:
<br />
<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />Colorado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />Attn: Construction Fund Section
<br />
<br />Town of Lyons
<br />P.O. Box 49
<br />Lyons, CO 80540
<br />Attn: Town Administrator
<br />
<br />D. Special Provisions (1993 version)
<br />
<br />1, Controller's approval. This contract shall not be deemed valid until it shall hilve been approved by the
<br />Controller of the State of Colorado or such assistant es he may designate, This provision is applicable to any
<br />contract involving the payment of money by the STArE.
<br />
<br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year
<br />are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
<br />
<br />3. Bond requirement. If this contract involves the payment of more than fifty thousand dollars for the
<br />construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel,
<br />excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon the performance
<br />of any such work included in this contract, duly execute and deliver to the STATE official who will sign the
<br />contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
<br />not less than one,half of the total amount payable by the terms of this contract. Such bond shall be duly
<br />
<br />Town of Lyons
<br />
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