Laserfiche WebLink
<br />l' <br /> <br />(~ <br /> <br />("",..." .,.~ <br /> <br />h. Engineering services for construction management, including design and construction management <br />for STATE-approved change orders. <br /> <br />i. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br />construction contract documents, acquiring the land and water rights needed for the PROJECT, and for <br />complying with all federal, state, and local regulatory requirements. Legal services must be approved <br />by the STATE in writing before they are rendered to be eligible for payment by the STATE. <br /> <br />6. STATE may release contract at its option. In its sole discretion, the STATE may at any time give any <br />consent, deferment, subordination, release, satisfaction, or termination of any or all of the BORROWER'S or <br />OBLIGOR'S obligations under this contract with valuable consideration, upon such terms and conditions as the <br />STATE may determine to be: <br /> <br />a, advisable to further the purposes of this contract or to protect the STATE'S financial interest therein, and <br /> <br />b, consistent with both the statutory purposes of this contract and the limitations of the statutory authority <br />under which it is made. <br /> <br />7. Casualty and eminent domain. If, at any time, during the term of this contract, (a) the PROJECT facilities <br />and/or the collateral for this loan, including buildings or any portion thereof, are damaged or destroyed, in whole <br />or in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part thereof and/or the <br />collateral shall be taken under the exercise of the power t'l ~~inant domain, the OBLIGORS shall cause the net <br />proceeds of any insurance claim or condemnation award to 15e' ~pplied to the prompt replacement, repair and <br />restoration of the PROJECT facilities or any portion thereof ,ane/or the collateral. If the net proceeds are <br />insufficient to pay the full cost of the replacement, repair and '"isTaration, the OBLIGOR shall complete the work <br />and pay any cost in excess of the net proceeds. <br /> <br />'" r, <br /> <br />8, Captions. That the captions and headings containei:l ,in tIJ(s contract are for convenience and reference <br />only and shall not be construed so as to define or limit the ,tem1'3 or provisions contracted herein. <br />( ,; <br />" .'.; <br /> <br />g. STATE'S approval. This contract requires review and'ajliJrQval of plans, specifications, and various other <br />technical and legal documents. The STATE'S review of thesc'doeuments Is only for the purpose of verifying <br />compliance with this contract and shall not be construed or .ir.terDreted as a technical review or approval of the <br />actual design or construction of the PROJECT. Notwithstanding !iny consents or approvals given by the STATE <br />on any such documents, BORROWER and the OBLIGORS s..~all b@) solely responsible for the accuracy and <br />completeness of any of the construction documents. ' , , ' <br /> <br />10. Addresses for mailing. All notices, correspondence, 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 />Ann: William P. Stanton <br /> <br />Hay-Bretherton Ditch Company <br />c/o Billy S. Howard & Brenda G. Howard <br />P. O. Box HH <br />Meeker, CO 81641 <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 by the Controller <br />of the state of. Colorado or such assistant as he may deSignate. This provision Is applicable to any contract inVOlving the <br />payment of money by the STATE. .... . . <br /> <br />2. Fund availability. Financial obligations of the State of Colorado payable after the current fiscal year are <br />contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. <br /> <br />HAY.BRETHERTON DITCH COMPANY <br /> <br />Page 6 of 8 <br /> <br />LOAN CONTRACT <br />