C150087 Contract

• Contract/PO #: C150087
• Contractor Name: Cedar Mesa Ditch and Reservoir Company
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: SPL
• Loan Projects - Doc Type: Contract Documents

!
9. Casualty and Eminent Domain. If, at any time, during the term of this contract, (a) the
BORROWER'S PROJECT facilities, including buildings or any portion thereof, are damaged or
destroyed, in whole or in paR, by fire or other casualty, or (b) title to or use of the PRO�ECT
facilities or any part thereof shall be taken under the exercise of the power of eminent domain, the
BoRROwER shali cause the net proceeds of any insurance claim or condemnation award to be
applied to the prompt replacement, repair and restoration of the PRO�ECr facilities or any portion
thereof, or to repayment of this loan. Any net proceeds remaining after such work has been
completed or this loan has been repaid shall be retained by the BoRROwER. If the net insurance
proceeds are insufficient to pay the full cost of the replacement, repair, and restoration, the
BoRROwER shall complete the work and pay any cost in excess of the net proceeds. In the event
BoRROwErt opts to repay the loan, BoRROwER shall remain responsible for the full loan amount
outstanding regardless of the amount of such insurance proceeds or condemnation award.
10. Captions. The captions and headings contained in this contract are for convenience and
reference only and shall not be construed so as to define or limit the terms or provisions
contracted herein.
11. CWCB's Approval. This contract requires review and approval of plans, specifications, and
various other technical and legal documents. The CWCB's review of these documents is only for
the purpose of verifying BoRROwER's compliance with this Contract and shall not be construed or
interpreted as a technical review or approval of the actual design or construction of the PRO,IECT.
Notwithstanding any consents or approvals given to the BoRROwER by the CWCB on any such
documents, BoRROwER shall Be solely responsible for the accuracy and completeness of such
documents.
iz. Waiver. The waiver of any breach of a term of this contract shall not be construed as a waiver of
any other term, or of any subsequent breach of the same term.
13. Addresses for mailing. All notices, correspondence, or other documents required by this
contract shall be delivered or mailed to the addresses shown in the Section 1(Borrower
Information) of the - Project Summary, for the BoRROwER and to the address below for the
CWCB:
Colorado Water Conservation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203
14. Additional Contract Requirements. Any additional contract requirements are shown in
Additional Contract Requirement (Section 10) of the Project Summary.
SPECIAL PROVISIONS. State Fiscal Rule 3-1 requires the inclusion of these Special Provisions in
every SrnrE contract, including grants.
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of
Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Page 7 of 9 Cedar Mesa Ditch and Reservoir Loan Contract