HomeMy WebLinkAbout430 S COLLEGE AVE - CORRESPONDENCE - 1/28/2005 (9)36. Controller's Approval. In accordance with the
requirements of 24-30-202 (1) C.R.S., as amended, this lease shall
not be deemed valid until it has been approved by the State
Controller, or such assistant as he may designate.
37. No Violation of Law. The signatories hereto aver that
they are familiar with Section 18-8-301, et seq. (Bribery and
Corrupt Influences) and Section 18-8-401, et seq. (Abuse of Public
Office), C.R.S., as amended, and that no violation of such
provisions is present.
38. Fiscal Funding.
(a) As prescribed by State of Colorado Fiscal Rules, it
is understood and agreed this Lease is dependent
upon the continuing availability of funds beyond
the term of the State's current fiscal period
ending upon the next succeeding June 30, as
financial obligations of the State of Colorado
payable after the current fiscal year are
contingent upon funds for that purpose being
appropriated, budgeted and otherwise made
available. Further, the parties recognize that the
act of appropriation is a legislative act, and CSU
hereby covenants to take such action as is
necessary under the laws applicable to CSU to
timely and properly budget for, request of and seek
and pursue appropriation of funds of the
Legislature of the State of Colorado which will
permit CSU to make all payments required under this
Lease during the period to which such appropriation
shall apply. CSU also covenants to fully pursue
the available appeals and review of any denial or
rejection of such appropriation requests. In the
event there shall be no funds made available, this
Lease shall terminate at the end of the then
current fiscal year, with no penalty or additional
cost as a result thereof to the CSU.
(b) To make certain the understanding of the parties
because this Lease will extend beyond the current
fiscal year, CSU and the City understand and intend
that the obligation of CSU to pay the annual
charges hereunder constitutes a current expense of
CSU payable exclusively from CSU's funds and shall
not in any way be construed to be a general
obligation indebtedness of the State of Colorado or
any agency or department thereof within the meaning
of any provision of Sections 1, 2 , 3, 4 or 5 of
Article XI of the Colorado Constitution, or any
other constitutional or statutory limitation or
requirement applicable to the State concerning the
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