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RESOLUTIONS OF THE BOARD OF DIRECTORS OF THE <br />UPPER SURFACE CREEK DOMESTIC WATER USERS ASSOCIATION <br />The Board of Directors Of the UPPER SURFACE CREEK DOMESTIC WATER USERS <br />ASSOCIATION (Association) at a meeting held April 12, 2004, at Cedaredge, Colorado, <br />adopted the following resolutions concerning a secured loan from the State of Colorado Water <br />Conservation Board (CWCB), for the purpose of construction of the diversion structure and raw <br />water pipeline portion of the new water treatment plant in the amount of $163,802 or such actual <br />amount, more or less, as may be needed by the Association and available from the CWCB <br />including the CWCB loan service fee �f 1% of the Ioan amount. <br />At said meeting, the Board charged that these resolutions are irrepealable during the term <br />of the loan and, pursuant to the Association's bylaws, authorized the President and Corporate <br />Secretary, RESOLVED as follows. <br />1. to enter into and comply with the terms of a contract with the Colorado Water Conservation <br />Board for a loan in the amount of $163,802, or such actual amount, more or less, as needed to <br />finance the project costs, including the CWCB loan service fee of 1%, and <br />2. to levy and collect assessments from the shareholders in an amount sufficient to pay the annual <br />amounts due under the Loan Contract, and to pledge assessment revenues and the <br />Association's right to receive said revenues for repayment of the loan, and <br />3. to place said pledged revenues in a special account separate and apart from other Association <br />revenues, and <br />4. to make the annual payments required by the promissory note and to make annual deposits to <br />a debt service reserve fund, and <br />5. to pledge the diversion structure and raw water pipeline as collateral for the loan and execute all <br />documents, including a deed of trust, necessary to convey a security interest in said property to <br />the CWCB, and <br />6. to execute all documents as required by the loan contract, including, but not limited to, a <br />Security Agreement and a Promissory Note, and <br />7. to take such other actions and to execute such other documents as may be necessary to <br />consummate and implement the loan. <br />CERTIFICATION <br />THE UNDERSIGNED, THE PRESIDENT AND THE CORPORATE SECRETARY HEREBY CERTIFY THAT THE <br />FOREGOING ARE TRUE AND CORRECT COPIES OF RESOLUTIONS DULY ADOPTED AT A MEETING OF THE <br />ASSOCIATION'S BOARD OF DIRECTORS DULY CALLED AND HELD AS ABOVE RECITED, PURSUANT TO THE <br />ASSOCIATION'S BYLAWS, AND THAT SAID RESOLUTIONS HAVE NOT BEEN AMENDED OR RESCINDED. <br />�,� GIVEN;UNDER OUR HANDS AND THE SEAL OF THE ASSOCIATION THE ��"�DAY OF 2004. <br />�;F e b` - <br />'' . � S'�f%`� � � <br />� � �� t��, �� � �° � By , � <br />;�; �� F ' � o Y Gerald L. Figueroa resident <br />A>T�ES.I': <br />. 1 t;' � �_� ��? ` <br />By /l>�� �_ ��c.c.� <br />Dan A. Hawkins, Corporate Secretary <br />Appendix 3 to Loan Contract C150173 <br />