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<br />the Pledge of Property Provisions of this contract and I <br /> <br />d. To make annual payments in accordance with the promissory note, aid <br /> <br />e. To make annual deposits to a debt service reserve fund in accordance with the <br />Pledge of Property Provisions of this contract, and I <br /> <br />f. To obtain a certificate of deposit in the amount of one annual 10an payment <br />($7,397.46) to serve as collateral for the loan, and execute an Absignment of <br />Certificate of Deposit as described in the Collateral Provisions of this dontract, and <br /> <br />g. To execute a Security Agreement and an Assignment of Deposi~ Account as <br />Security to secure the revenues pledged herein in accordance with the Pledge-of <br />Property Provisions of this contract. I <br /> <br />Said resolution is attached hereto as Appendix B and incorporated herein. <br /> <br />5. Attorney's Opinion Letter. Prior to the execution of this contract by t~e STATE, the <br />BORROWER shall submit to the STATE a letter from its attorney stating !that it is the <br />attorney's opinion that the person signing for the BORROWER was dUlly elected or <br />appointed and has authority to sign such documents on behalf of the BqRRowER and <br />to bind the BORROWER; that the BORROWER'S members and board of directors have <br />validly adopted resolutions approving this contract; that there are no prorisions in. the <br />BORROWER'S articles of incorporation or by-laws or any state or local lavy that prevent <br />this contract from binding the BORROWER; and that the contract will be valid and <br />binding against the BORROWER if entered into by the STATE. I <br /> <br />6. Promissory Note Provisions. The Promissory Note setting forth the terms of <br />I <br />repayment of this loan in the amount of $60,000 at an interest rate of 4% per annum <br />for a term of 10 years and evidencing this debt is attached as App~ndix C and <br />incorporated herein. I <br /> <br />a. Revision Of Promissory Note. In the event the Borrower does not luse all of the <br />loan funds for the STUDY, the Promissory Note may be adjusted in accordance with <br />the Changes Provisions of this contract. I <br /> <br />b. Interest During Study Period.. As the loan funds are disbursed byl the STATE to <br />the BORROWER during the study period, interest shall accrue at the rate of 4%. The <br />amount of the interest accrued during the study period shall be calc:ulated by the <br />STATE and the BORROWER shall repay that amount to the STATE eit~er within ten <br />(10) days after the date the STATE accepts the completed FeasibilitYj Study, or, at <br />the STATE'S discretion, the amount shall be deducted from the final disbursement <br />of loan funds that the STATE makes to the BORROWER. I <br /> <br />7. Changes. The STATE may decrease the amount of the loan under this contract or <br />extend the time for completion of the STUDY through a REVISION LETTER ,I approved by <br />the State Controller or his designee, in the form attached hereto as Appendix D. The <br />REVISION LETTER shall not be valid until approved by the State contJ1oller or such <br />assistant as he may designate. Upon proper execution and approval, the REVISION <br />LETTER shall become an amendment to this contract and, except for the Special <br />Provisions of the contract, the REVISION LETTER shall supersede the dmtract in the <br />event of a conflict between the two. The parties understand and agree that the <br />I <br />I <br />I <br />I <br />! <br />Page 3 of 11 <br /> <br />Feasibility Report Loan Contract <br />