Laserfiche WebLink
<br />.-.-;- <br /> <br />facilities or any part thereof shall be taken under the exercise of the power of eminent domain, <br />the BORROWER shall cause the net proceeds of any insurance claim or condemnation award <br />to be applied to the prompt replacement, repair and restoration of the PROJECT facilities or any <br />portion thereof, or to repayment of this loan, Any net proceeds remaining after such work has <br />been completed shall be retained by the BORROWER. If the net insurance proceeds are <br />insufficient to pay the full cost of the replacement, repair and restoration, the BORROWER shall <br />complete the work and pay any cost in excess of the net proceeds. In the event Borrower <br />opts to repay the loan, Borrower shall remain responsible for the full loan amount outstanding <br />regardless of the amount of such insurance proceeds or condemnation award. <br /> <br />8. Captions. 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 <br />contracted herein. <br /> <br />9. STATE'S Approval. This contract requires review and approval of plans, specifications, and <br />various other technical and legal documents. The STATE'S review of these documents is only <br />for the purpose of verifying BORROWER'S compliance with this contract and shall not be <br />construed or interpreted as a technical review or approval of the actual design or construction <br />of the PROJECT rehabilitation. Notwithstanding any consents or approvals given to the <br />BORROWER by the STATE on any such documents. BORROWER and its CONSULTANT, by <br />preparing any such documents, shall be solely responsible for the accuracy and completeness <br />of any of said documents. <br /> <br />10. Waiver. The waiver of any breach of a term of this contract shall not be construed as a <br />waiver of any other term, or of any subsequent breach of the same term, <br /> <br />11. Addresses for mailing. All notices, correspondence, or other documents required by this <br />contract shall 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 />Attn: Construction Fund Section <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />The Chilcott Ditch Company <br />Attn: President <br />10465 REA Road <br />Fountain, CO 80817 <br /> <br />D. SPECIAL PROVISIONS (6/97 version), State Fiscal Rule 3-1 requires the inclusion of these <br />Special Provisions in every STATE contract, including grants. <br /> <br />Controller's Approval <br /> <br />1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State <br />of Colorado or such assistant as he may designate, This provision is applicable to any contract <br />involving the payment of money by the STATE, <br /> <br />FUND AVAILABILITY <br /> <br />2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available, <br /> <br />BOND REQUIREMENT <br /> <br />3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, <br /> <br />Ch.ilcott Ditch Company <br /> <br />Page 10 of 13 <br /> <br />, ' <br /> <br />, <br />, <br />