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LPPD000363
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Last modified
11/19/2009 11:29:54 AM
Creation date
3/26/2007 10:30:28 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153697
Contractor Name
Norwood, Town of and Norwood Water Commission
Contract Type
Loan
Water District
60
County
San Miguel
Loan Projects - Doc Type
Contract Documents
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<br />b;Repayment terms. TheaniOunt to be repaid shall be the entire principaJ'ambtmt actually borrowed under this <br />contract, plus interest at two percent (2%), payable in ten (10) equal annual installments. Based on the amount <br />borrowed of $7,500, then the said annual payments shall be Eight Hundred Thirty Four Dollars and Ninety-Five Cents <br />($834.95) each, which amount includes principal and interest. The first installment shall be due and payable one year <br />after the completion and acceptance of the feasibility study by the STATE. Subsequent payments shall be due and <br />payable on the same month and day of each year thereafter until all principal and accrued interest have been paid. <br /> <br />c. Prepayment conditions. The BORROWER may prepay all or any of the loan at any time; without penalty. These <br />payments wil~ be applied first to any accrued interest and then to reduce the principal amount. <br /> <br />d. Remedies for default. Upon default in the payments herein set forth to be made by the BORROWER, or default in <br />the performance of any covenant or agreement contained herein, the STATE, at its option, may: (a) declare the entire <br />principal amount then outstanding immediately due and payable; (b) for the account of the BORROWER, incur and pay <br />reasonable expenses as may be necessary to cure the cause of default; (c) act upon the security (described in <br />APPENDIX D); and/or (d) take any other appropriate legal action. All remedies described herein may be <br />simultaneously or selectively and successively enforced. The provisions of this'contract may be enforced by the <br />STATE at its option without regard to prior waivers by it of vious defaults by the BORROWER, through judicial <br />proceedings to require specific performance of thiscontra, such other proceedings in law or equity as may <br />be dee. med necessary by the STATE to ensure complianc i sions.thi~ contract and the laws and regulations <br />under which this contract is entered into. "'" ~ ~ <br /> <br />f. Additional assessments if needed to repay the S~E. ~~ warrants that in the event of a default by <br />the BORROWER in the repayment to the STATE, and upo wn notice thereof from the STATE, the BORROWER shall <br />take all necessary actions to levy an additional ass a to pledge additional revenues in a sufficient amount <br />and in a timely manner to cure the default and t y he STATE as required by the contract. Such additional <br />revenues shall be deemed covered by the existing s urity interest. <br /> <br />g. The BORROWER agrees that the specific revenues to be pledged to repay the STATE under this contract shall be <br />water user charges and fees, the establishment of which have been authorized by the BORROWER'S and TOWN'S joint <br />resolution. The BORROWER hereby pledges sufficient annual revenues to pay the annual installment amount pursuant <br />to paragraph 5.d of this contract, and hereby agrees to establish a separate account into which all such moneys shall <br />be deposited. . <br /> <br />6. This contract controls if there is a conflict. In the event of conflict between the terms and conditions as set forth <br />in this contract and any appendices, the provisions of this contract shall control. <br /> <br />7. Levy assessments for repayment of the loan. The BORROWER shall take all necessary actions consistent therewith <br />to levy assessments to raise sufficient funds to pay this contract loan debt in a timely manner and as required by the terms <br />and conditions herein to assure repayment of the project loan to the STATE. In the event that the assessment(s) levied by <br />the BORROWER, or the revenues resulting therefrom, are or become insufficient to assure repayment to the STATE as required <br />by the terms and conditions herein, then the BORROWER, upon written notice thereof from the STATE, shall immediately take <br />all necessary action, including but not limited to levying additional assessments, to raise sufficient revenue to assure <br />repayment of the feasibility study loan to the STATE. <br /> <br />8. Pledge of Revenues. <br /> <br />a. Assessments to repay the loan. The BORROWER agrees that the specific revenues to be pledged to repay the STATE <br />shall include, without being limited to, an assessment levied for that purpose as authorized by the TOWN'S and the <br />BORROWER'S joint resolution. <br /> <br />b.Revenues for this loan to be kept separate. The BORROWER hereby pledges such assessment revenues to repay <br />the STATE loan, agrees that these revenues will be set aside and kept in an account separate from other BORROWER <br />revenues, warrants that these revenues will not be used for any other purpose, and agrees to provide the STATE a <br />perfected security interest such that the STATE has priority over all other competing claims for such secured revenues, <br /> <br />TOWN OF NORWOOD & NORWOOD WATER COMMISSION <br /> <br />Page 3 'of E. Pages <br /> <br />FEASIBILITY REPORT CONTRACT <br />
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