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~ ~ <br />NOW, THEREFORE, the Board of Directors of the Enterprise ("EBoard") <br />resolves as follows: <br />1. The Borrower shall have the Project completed: <br />a. in a ccordance w ith a" Feasibility S tudy" p repared b y S teven C. <br />Harris, Harris Water Engineering, PC and Philip Saletta, P.E., former General Manager <br />of District. (The CWCB has reviewed and approved the Feasibility Study which is on <br />file in the office of the CWCB.); and <br />b. within three (3) yeazs of the date of the complete execution of the <br />Loan Contract, unless the CWCB agrees in writing to an extension of such ' e. <br />2. Borrower warrants that the EBoard~.a~'"~he oard of 'rect s of the <br />District ha~e complied with the order e 1' e Enterp e under C. . 37-45.1- <br />101 et se~c ., and all statutory and er legal equire ents. <br />3. The EBoard h authorizes an instructs the Borrower to: <br />a. enter into and comply with the terms of the Loan Contract. The <br />"Promissory Note" for repayment of the Loan is attached as Appendix 2 to the Loan <br />Contract; <br />b. repay the Loan to the CWCB by making annual payments to the <br />CWCB in accordance with the Promissory Note; <br />c. amend the Investment Agreement to reflect that the Agreement is <br />security for both Loan Contract C150193 as well as Loan Contract C150058A, as <br />required under the Loan Contract; <br />d. execute all documents necessary to implement the Loan Contract; <br />e. not draw more than $2,530,000 from CWCB Loan Contract <br />C 150058A; <br />f. amend Loan Contract 150058A to add, as additional security, the <br />pledge of Borrower's revenues from the Enterprise necessary to assure payment of the <br />annual debt service on the Loan under that Contract until such time as MBIA, Inc. makes <br />its first payment from the Agreement to the CWCB. <br />g. pay the fee of one percent (1 %) of the Loan proceeds withdrawn <br />from CWCB at the time of the Project's substantial completion. <br />4. The EBoard specifically agrees that this resolution shall be irrepealable for <br />the term of the Loan Contract. <br />This document i bn refe ernce~ <br />into the contract y <br />2 <br />