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C150205 Feasibility Study
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C150205 Feasibility Study
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Last modified
3/11/2011 3:17:40 PM
Creation date
7/11/2007 8:14:39 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C150205
Contractor Name
Veits Pipeline Company
Contract Type
Loan
Water District
34
County
Montezuma
Loan Projects - Doc Type
Feasibility Study
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<br />Page 2 of 6 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />appurtenances and improvements defined in the Contract, which is <br />attached hereto as Exhibit A and made a part of this Agreement. <br /> <br />2, The Loan- The Loan from CWCB is defined by the feasibility study, the <br />loan application and the Loan Contract, which includes the Promissory <br />Note, the Resolutions, the Security Agreement, the Deed of Trust and <br />the loan commitment; all attached hereto as Exhibit B and made a part <br />of this Agreement. <br /> <br />3, Membership Approval- The Company agrees to seek approval by the <br />Membership of the Additionsllmprovements to the Ditch proposed by the <br />Funding Members, including the Contract, the Loan and this Funding <br />Agreement. <br /> <br />4, If the Membership approves the Additions/Improvements to the Ditch <br />including the Contract and the Loan, the Funding Members hereby agree <br />to pay all of the costs incurred by the Company arising from the <br />Contract, including any cost overruns, and from the Loan. <br /> <br />5. The Company shall set the annual date for payment by the Funding <br />Members and send an invoice to each Member thirty days prior to the <br />due date. The Funding Members agree to pay the first annual <br />installment to the Company at the time of the first draw on the Loan, <br />which the Company shall use to establish a payment reserve account for <br />repayment of the Loan. The Funding Members further Agree to pay a <br />second annual payment into the payment reserve account over the first <br />three years of the Loan (to be surcharged one-third of an annual <br />payment each year). <br /> <br />6. The Funding Members agree that if any Funding Member fails to make <br />the annual payment required under Sections 4 and 5 herein, the <br />remaining Funding Members will each make an additional pro-rated <br />payment to the Company that totals the amount owed by the defaulting <br />Funding Member(s). The additional payment shall be due ten working <br />days from the Funding Members' receipt of notice from the Company of <br />the additional amount due. In the notice, the Company shall identify the <br />amount each Funding Member needs to pay as his or her share of the <br />amount needed for the annual payment(s) that were not made to the <br />Company. The Funding Members and Company intend that the CWCB <br />is a third-party beneficiary of this paragraph. <br /> <br />7, The Company agrees to receive prepayments of principal from any <br />Funding Member at any time and credit such amounts immediately <br />against the Member's obligation. A Funding Member ceases to be a <br />Funding Member upon prepayment of his/her total remaining share of <br />the Loan balance. <br />
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