Laserfiche WebLink
<br />pursuant to STATE fiscal rules, with the exception of the Revision Letter as described in the <br />Changes Provision of this contract. <br /> <br />5. Eligible Expenses. PROJECT costs eligible for financing by the STATE shall be limited to the costs <br />of the following: <br /> <br />a. the purchase price of the Box Springs Water Rights, including lease payments made by the <br />BORROWER that are applied to such purchase price. <br /> <br />b. the legal and engineering costs of adjudicating the BORROWER'S augmentation plan and legal <br />services for reviewing this contract. Legal services must be approved by the STATE in writing to <br />be eligible for financing by the STATE. <br /> <br />c. the costs associated with obtaining operating agreements to facilitate the BORROWER'S <br />augmentation plan. <br /> <br />6. STATE May Release Contract. In its sole discretion, the STATE may at any time give any consent, <br />deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S <br />obligations under this contract, with valuable consideration, upon such terms and conditions as the <br />STATE may determine to be advisable to further the purposes of this contract or to protect the <br />STATE'S financial interest therein, and consistent with both the statutory purposes of this contract <br />and the limitations of the statutory authority under which it is made. <br /> <br />7. Captions. The captions and headings contained in this contract are for convenience and reference <br />only and shall not be construed so as to define or limit the terms or provisions contracted herein. <br /> <br />8. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of <br />any other term, or of any subsequent breach of the same term. <br /> <br />9. Addresses for mailing. All notices, correspondence, or other docu~~nts required by this contract <br />shall be delivered or mailed to the following addresses: <br /> <br />For the STATE: 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 />Horse Creek Water Users Association <br />4234 County Road 2B <br />Rush, CO 80833 <br /> <br />10. Applicability of Paragraph 0.5. Because the BORROWER does not retain employees, Paragraph <br />D.5 of this contract shall apply only to contractors employed by the BORROWER. <br /> <br />D. Special provisions (1997 version) <br /> <br />1. Controller's Approval. This contract shall not be deemed valid until it shall have been approved by <br />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 year <br />are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made <br />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, <br />tunnel, excavation or other public work for this STATE, the CONTRACTOR shall, before entering upon <br />the performance of any such work included in this contract, duly execute and deliver to the STATE <br />official who will sign the contract, a good and sufficient bond or other acceptable surety to be <br />approved by said official in a penal sum not less than one-half of the total amount payable by the <br /> <br />The Horse Creek Water Users Association <br /> <br />Page8of11 <br /> <br />Loan Contract':. <br />