C150009 Contract

• Contract/PO #: C150009
• Contractor Name: Boulder and Left Hand Irrigation Company
• Contract Type: Loan
• Water District: 5
• County: Boulder
• Bill Number: SPL
• Loan Projects - Doc Type: Contract Documents

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obligations under this contract, with valuable consideration, upon such terms and conditions as the
STa,TE may determine to be advisable to further the purposes of this contract or to protect the
STATE'S financial interest therein, and consistent with both the statutory purposes of this contract and
the limitations of tHe statutory authority under which it is made.
8. Casualty And Eminent Domain. If, at any time, during the term of this contract, (a) the
BORROWER's PRO�ECT facilities inctudi�g buildings or any portion thereof, are damaged or destroyed,
in whole or in part, by fire or other casualry, or (b) title to or use of the PRO�ECT facilities or any part
thereof shall be taken under the exercise of the power of eminent domain, the BoRROwER shall
cause the net proceeds of any insurance claim or condemnation award to be applied to the prompt
replacement, repair and restoration of the PRO�ECr facilities or any portion thereof, or to repayment
of this loan. Any net proceeds remaining after such work has been completed shall be retained by
the BoRROwER. If the net insurance proceeds are insufficient to pay the full cost of the replacement,
repair and restoration, the QoRROwER shall complete the work and pay any cost in excess of the net
proceeds. in the event Borrower opts to repay the loan, Borrower shall remain responsible for the
full loan amount outstanding regardless of the amount of such insurance proceeds or condemnation
award.
9. Captions. The captions and headings contained in this contract are for convenience and reference
only and shall not be construed so as to define or limit the terms or provisions contracted herein.
10. STATE's Approval. This contract requires review and. approval of plans, specifications, and various
other technical and legal documents. The STaTE's review of these documents is only for the purpose
of verifying BoRROwER'S compliance with this contract and shall not be construed or interpreted as a
technical review or approval of the actual design or construction of the PRO�ECT rehabilitation.
Norivithstanding any consents or approvals given to the BoRrtOwER by the STaTE on any such
documents, BoRROwER and its CONSULTANT, by preparing any such documents, shall be solely
responsible for the accuracy and completeness of any of said documents.
11. Waiver.. The waiver of any breach of a term of this contract shall not be construed as a waiver of
any other term, or of any subsequent breach of the same term.
12. Addresses for mailing. All notices, correspondence, or other documents required by this contract
shall be delivered or mailed to the following addresses:
FOf th2 STATE:
Colorado Water Conservation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203
FO� the BORROWER:
Boulder & Left Hand Irrigation Company
Attn: President
8003 North 95th Street
Longmont, CO 80501
D. SPECIAL PROVISIONS (6/97 versionl. State Fiscal Rule 3-1 requires the inclusion of these Special
Provisions in every STATE contract, including grants.
Controller's Approval
This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the
payment of money by the SrA7E.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted, and othenvise made available.
Boulder & Left Hand Irrigation Company Page 9 of 12 Loan Contract