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LPPD000408
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LPPD000408
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Last modified
11/19/2009 11:01:21 AM
Creation date
3/26/2007 10:38:28 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153721
Contractor Name
Lyons, Town of
Contract Type
Loan
Water District
5
County
Boulder
Loan Projects - Doc Type
Contract Documents
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<br />Said general liability insurance shall name the STATE as additional insured. A copy of a certificate of <br />said insurance and an additional insured endorsement must be filed with the STATE. Evidence of current <br />insurance coverage is to be provided as renewals occur. No loan funds shall be advanced by the STATE without <br />evidence of said current coverage. Throughout the life of this contract, the STATE reserves the right to <br />increase the above amount of insurance so that said amounts at a minimum correspond to the amounts <br />established by the Colorado Governmental Immunity Act, now and as hereafter amended. <br /> <br />7. BORROWER'S authority to contract. pursuantE't el . eld November 7, 1995 and to its <br />statutory authority, the BORROWER has adopted an ordin h h repealable during the term of this <br />contract, authorizing the Town Administrator and the own er do the following on behalf of the <br />BORROWER: < <br /> <br />a. Enter into and comply with the terms of IN,trFlJtLl~; <br /> <br />b. Fix and collect water charges and fees sufficient to payoff the loan made under this contract and <br />establish a reserve debt service fund by making an annual deposit equivalent to one-tenth of an annual <br />payment every year for 10 years, and to replenish that fund anytime it is depleted; <br /> <br />'to Set aside sufficient revenues each year to pay the annual installment in a special account, separate <br />and apart from other revenues of the BORROWER; <br /> <br />d. Establish a certificate of deposit account in the amount of one annual loan payment as security for <br />the loan, and execute an assignment of certificate of deposit as described in Collateral Provisions of <br />this contract; and <br /> <br />e. Sign a security interest in the revenues pledged herein. <br /> <br />The BORROWER'S Ordinance is attached hereto as APPENDIX 1 and incorporated herein. <br /> <br />8. Attorney's opinion letter. Prior to the execution of this contract by the STATE, the BORROWER shall <br />submit to the STATE a letter from its attorney stating that it is the attorney's opinion that the contract will be <br />duly executed by officers of the BORROWER who are duly elected or appointed and are authorized to execute <br />the contract and to bind the BORROWER; that the BORROWER'S November 7, 1995 election was duly conducted <br />in compliance with the Colorado Constitution and statutes; that the ordinances of the BORROWER authorizing <br />the execution and delivery of the contract were duly adopted by the BORROWER'S Board of Trustees; that there <br />are no provisions in the Colorado Constitution or any other state or local law that prevent this contract from <br />binding the BORROWER; and that the contract will be valid and binding against the BORROWER if entered into by <br />the STATE. <br /> <br />9. Promissory note provisions. The BORROWER understands that this contract is also a promissory note <br />for the repayment of funds loaned according to the terms set forth herein. <br /> <br />a. Principal amount. The principal amount of the loan shall be the total amount of funds advanced <br />by the STATE to the BORROWER under the terms of this contract, not to exceed $280,500. <br /> <br />b. Interest rate. The interest on the principal shall accrue at the rate of five percent (5%) per <br />annum on all funds advanced to the BORROWER. <br /> <br />c. Duration. The repayment period of this loan shall be twenty (20) years. <br /> <br />d. Loan payment. The payments shall be made in twenty (20) annual installments of Twenty-two <br />Thousand Five Hundred Eight Dollars and Five Cents ($22,508.05), which amount is principal and <br />interest. The first installment shall be due and payable one year after the STATE determines that <br />the PROJECT has been substantially completed, and yearly thereafter until the entire principal sum <br />and any accrued interest shall have been paid. Installment payments shall be made payable to the <br />CWCB at the address given herein. <br /> <br />Town of Lyons <br /> <br />Page 4 of 1 2 <br /> <br />Loan Contract <br />
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