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C153609 contract docs
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C153609 contract docs
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Last modified
8/15/2011 9:39:57 AM
Creation date
8/15/2011 9:28:33 AM
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Loan Projects
Contract/PO #
C153609
Contractor Name
Conejos Water Conservancy District
Contract Type
Loan
Water District
22
County
Conejos
Bill Number
SB 87-15
Loan Projects - Doc Type
Contract Documents
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�'1 <br />9. The Borrower agrees that pursuant to its statutory <br />authority, it shall adjust its revenues from water user and storage <br />fees from time to time as necessary and at the request of the State <br />to provide for adequate management, operation and maintenanc�, <br />emergency repair services, obsolescence reserves, maintenance of <br />the reserve escrow account, and to assure its ability to make <br />repayment of the loans under this Contract. <br />10. The Borrower and the State agree that the specific <br />revenues to be pledged to repay the State under this Contract shall <br />be limited to water user charges and storage fees, the <br />establishment of which have been authorized by resolution of the <br />Borrower. The Borrower hereby pledges sufficient annual revenues <br />to pay the annual installment amount and maintain the reserve <br />escrow account pursuant to ¶5 of this Project Contract, and hereby <br />agrees to establish a separate account into which all such moneys <br />shall be deposited. <br />The Borrower warrants that the Platoro Reservoir Enterprise <br />was lawfully created and will be maintained in compliance with <br />§37-45.1-101, et sea•, C.R.S., and Article X, Section 20 of the <br />Colorado Constitution, and has authority to enter into this <br />Contract with the State. The District and the Enterprise shall <br />immediately notify the State in writing if the circumstances which <br />formulate the basis of this warranty change. <br />The Borrower warrants ntities have duly passed a <br />resolution by their respectiv f Directors, authorizing the <br />Borrower to enter into this ract the State to borrow the <br />principal sum of Three d F Thousand Dollars <br />($350,000.00); to fix an e s and fees sufficient to <br />pay off the loan made und� t i Contract and the Fifty Thousand <br />Dollars ($50,000.00) loan under the Computer Modelling Contract, <br />pursuant to the terms of this Contract; to set aside sufficient <br />revenues each year to pay the annual installment and maintain the <br />reserve escrow account in a special fund separate and apart from <br />other revenues of the Borrower; to sign a security interest in the <br />revenues pledged herein in favor of the State to secure repayment; <br />and to repay these loans to the State. Copies of such security <br />interest (Uniform Commercial Code-Security Agreement and Uniform <br />Commercial Code-Financing Statement) are attached hereto as <br />Appendices D and E, respectively, and incorporated herein as if set <br />out in full by this reference. The Boards' Resolution is attached <br />hereto as Appendix C and incorporated herein by this reference. <br />The actions of the Borrower adopting the Resolution and executing <br />the security agreement are conditions precedent to performance by <br />the State under this Contract. <br />The Borrower warrants that in the event of a default by the <br />Borrower in the repayment of its obligations hereunder to the <br />State, and upon written notice thereof from the State, the Borrower <br />shall immediately take all necessary actions to establish <br />7 <br />
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