Laserfiche WebLink
<br />t?": <br />C <br /> <br />C. The STATE and the BORROWER mutually agree as follows: <br /> <br />1. Designated agent of the STATE. The CWCB, which includes its agents and employees, is hereby <br />designated as the agent of the STATE for the purpose of this contract. <br /> <br />2. Contract is not assignable. This contract is not assignable by the BORROWER except with the prior <br />written approval of the STATE. <br /> <br />3. Contract relationship. The parties to this contract intend that the relationship between them <br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent, employee, <br />or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or servant of the <br />STATE. The BORROWER shall be solely and entirely responsible for its acts and the acts of its agents, <br />employees, servants, engineering firms, construction firms, and subcontractors during the performance <br />of this contract. <br /> <br />. 4. Complete integration of all understandings. This agreement is intended as the complete integration <br />of all understandings between the parties. No prior or contemporaneous addition, deletion, or other <br />amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No <br />subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or <br />effect unless embodied in a written contract executed and approved pursuant to STATE fiscal rules. <br /> <br />5. Eligible expenses. PROJECT costs eligible for financing by the STATE shall be limited to the cost of: <br /> <br />a. Preparing final designs and specifications for the PROJECT. <br /> <br />b. Preparing bid and construction contract documents. <br /> <br />c. Preparing environmental assessment or environmental imp13ct statements, and otherwise <br />complying with the Federal National Environmental Policy Act. <br /> <br />d. Complying with all federal, state, and local regulatory requirements, including the obtaining of <br />all required permits. <br /> <br />e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations. <br /> <br />f. Actual construction as called for in the design documents and in change orders approved by <br />the STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM. <br /> <br />g. Engineering services for construction management, including design and construction <br />management for STATE-approved change orders. <br /> <br />h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing <br />construction contract documents, and for complying with all federal, state, and local regulatory <br />requirements. Legal services must be approved by the STATE in writing and in advance to be <br />eligible for financing by the STATE. <br /> <br />6. STATE may release contract at its option. In its sole discretion, the STATE may at any time give <br />any consent, 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 ST ATE <br />may determine to be advisable to further the purposes of this contract or to protect the STATE'S financial <br />interest therein, and consistent with both the statutory purposes of this contract and the limitations of <br />the statutory authority under which it is made. <br /> <br />Bravo Ditch Company <br /> <br />Page 8 of 11 <br /> <br />Loan Contract <br />