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PROJ01887 (2)
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PROJ01887 (2)
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Last modified
3/9/2011 1:45:51 PM
Creation date
2/21/2008 2:08:05 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150229
Contractor Name
Logan Irrigation District
Contract Type
Loan
Water District
0
County
Logan
Loan Projects - Doc Type
Contract Documents
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<br />:r <br /> <br />BORROWER shall submit to the CWCB a letter from its attorney stating that it is the <br />attorney's opinion that <br /> <br />a. the contract has been duly executed by officers of the BORROWER who are duly <br />elected or appointed and are authorized to execute the contract and to bind the <br />BORROWER; <br /> <br />b. the resolutions or ordinances of the BORROWER authorizing the execution and <br />delivery of the contract were duly adopted by the governing bodies of the <br />BORROWER; <br /> <br />C. there are no provisions in the Colorado Constitution or any other state or local law <br />that prevent this contract from binding the BORROWER; <br /> <br />d. the contract will be valid and binding against the BORROWER if entered into by the <br />CWCB; and <br /> <br />e. the election held by the Borrower to obtain voter approval of this loan met all <br />requirements of the Colorado Constitution or any other state or local law. <br /> <br />8. Pledge of revenues. The BORROWER irrevocably pledges to the CWCB, for purposes <br />of repayment of this loan, revenues levied for that purpose as authorized in Appendix 3 <br />and any other funds legally available to the BORROWER, in an amount sufficient to pay <br />the annual payment due under this contract ("Pledged Revenues"). Further, the <br />BORROWER agrees to: <br /> <br />a. Segregation of Pledged Revenues. The BORROWER shall set aside and keep the <br />Pledged Revenues in an account separate from other BORROWER revenues, and <br />warrants that these revenues will not be used for any other purpose. <br /> <br />b. Establish Security Interest. The BORROWER has duly executed a Security <br />Agreement, attached hereto as Appendix 4 and incorporated herein, to provide a <br />security interest to the CWCB in the Pledged Revenues. The CWCB shall have <br />priority over all other competing claims for said revenues, except for the liens of <br />the BORROWER'S existing loans as listed in Section 5 (Schedule of Existing Debt), of <br />the Project Summary, which sets forth the position of the lien created by this <br />contract in relation to any existing lien(s). <br /> <br />c. Revenue Assessments. Pursuant to its statutory authority, articles of incorporation <br />and bylaws, the BORROWER shall take all necessary actions consistent therewith <br />during the term of this contract to levy assessments sufficient to pay this loan as <br />required by the terms of this contract and the Promissory Note, to cover all <br />expenditures for operation and maintenance and emergency repair services, and to <br />maintain adequate debt service reserves. In the event the assessments levied by <br />the BORROWER become insufficient to assure such repayment to the CWCB, the <br />BORROWER shall immediately take all necessary action consistent with its statutory <br />authority, its articles of incorporation and bylaws including, but not limited to, levying <br />additional assessments to raise sufficient revenue to assure repayment of this loan. <br /> <br />d. Debt Service Reserve Account. To establish and maintain the debt service <br />reserve account, the BORROWER shall deposit an amount equal to one-tenth of an <br /> <br />Loan Contract C150229 <br />Page 3 of 12 <br />
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