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<br />For the STATE:
<br />
<br />For the BORROWER:
<br />
<br />River Oaks on the Roaring Fork Property
<br />Owners Association, Inc.
<br />1569 Willits Lane
<br />Basalt, CO 81621
<br />
<br />Colorado Water Conservation Board
<br />Attn.: Construction Fund Section
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />D. Special provisions (1993 version)
<br />
<br />1. Controller's Approval. This contract shall not be deemed valid until it shall have been approved
<br />by the Controller of the State of Colorado or such assistant as he may designate. This provision is
<br />applicable to any contract involving the payment of money by the STATE,
<br />
<br />2. Fund Availability. Financial obligations of the State of Colorado payable after the current fiscal
<br />year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
<br />made available.
<br />
<br />3. Bond Requirement. If this contract involves the payment of more than fifty thousand dollars for
<br />the construction, erection, repair, maintenance, or improvement of any building, road, bridge,
<br />viaduct, tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before
<br />entering upon the performance of any such work included in this contract, duly execute and deliver
<br />to the STATE official who will sign the contract, a good and sufficient bond or other acceptable
<br />surety to be approved by said official in a penal sum not less than one-half of the total amount
<br />payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
<br />surety conditioned upon the faithful performance of the contract and in addition, shall provide that
<br />if the CONTRACTOR or his subcontractors fail to duly pay for any labor, materials, team hire,
<br />sustenance, provisions, provendor or other supplies used or consumed by such CONTRACTOR or
<br />his subcontractor in performance of the work contracted to be done or fails to pay any person who
<br />supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the
<br />same in an amount not exceeding the sum specified in the bond, together with interest at the rate
<br />of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor
<br />of the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or
<br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with C.R.S, 38-26-106,
<br />
<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and
<br />hold harmless the STATE, its employees and agents, against any and all claims, damages, liability
<br />and court awards including costs, expenses, and attorney fees incurred as a result of any act or
<br />omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to
<br />the terms of this contract.
<br />
<br />5. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and
<br />spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
<br />respecting discrimination and unfair employment practices (C,R.S, 24-34-402), and as required by
<br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, Pursuant
<br />thereto, the following provisions shall be contained in all STATE contracts or sub-contracts.
<br />
<br />During the performance of this contract, the CONTRACTOR agrees as follows:
<br />
<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment
<br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or
<br />physical handicap, or age, The CONTRACTOR will take affirmative action to insure that
<br />
<br />River Oaks On The Roaring Fork
<br />Property Owners Association, Inc,
<br />
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<br />Loan Contract
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