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C150344 Contract
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C150344 Contract
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Last modified
9/13/2016 8:25:16 AM
Creation date
4/23/2013 11:49:51 AM
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Loan Projects
Contract/PO #
CT2015-017
C150344
Contractor Name
Bergen Ditch and Reservoir Company
Contract Type
Loan
Water District
9
County
Jefferson
Loan Projects - Doc Type
Contract Documents
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1 % of the actual LOAN AMOUNT disbursed to the BORROWER. <br />2. Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the CONTRACT. <br />a. A service fee shall be imposed on the BORROWER for amendments processed for <br />the benefit of the BORROWER and necessary for the BORROWER's course of <br />business but not necessary for the CWCB, including, but not limited to, a change <br />in BORROWER name, assignment of contract, substitution of collateral, loan <br />payment deferments in excess of 3 per loan, and loan consolidation. <br />Amendments in the course of CWCB business, including, but not limited to, loan <br />payment deferments (up to 3 per loan), changes in terms of loan repayment and <br />amendments to adjust the interest rate pursuant to Paragraph A.c. , herein, will be <br />processed at no additional charge to the BORROWER. <br />b. The amount charged shall be in accordance with the fee rate structure set forth in <br />the CWCB Loan Service Charge Policy in effect at the time the BORROWER shall <br />request an amendment. The current fee for an amendment is $1,000. <br />c. The BORROWER shall remit the service fee to the CWCB prior to initiation of the <br />amendment. Any service fee remitted to the CWCB cannot be refunded <br />3. Promissory Note Provisions. The CWCB agrees to loan to the BORROWER an <br />amount not to exceed the LOAN AMOUNT and the BORROWER agrees to repay the loan in <br />accordance with the terms as set forth in the PROMISSORY NOTE, attached hereto as <br />APPENDIX 2 and incorporated herein. The PROMISSORY NOTE shall identify the LOAN <br />AMOUNT. If the amount of loan funds disbursed by the CWCB to the BORROWER differs <br />from the LOAN AMOUNT, the parties agree to amend this CONTRACT, including its <br />appendices where necessary, to revise the LOAN AMOUNT. <br />4. Interest Prior to PROJECT Completion. As the loan funds are disbursed by the CWCB <br />to the BORROWER, interest shall accrue at the rate set by the CWCB for this loan. The <br />CWCB shall calculate the amount of the interest that accrued prior to PROJECT'S <br />substantial completion (as determined by the CWCB) and notify BORROWER of such <br />amount. The BORROWER shall repay that amount to the CWCB either within ten (10) <br />days from the date of notification from the CWCB, or, at the CWCB's discretion, said <br />interest shall be deducted from the final disbursement of loan funds that the CWCB <br />makes to the BORROWER. <br />5. Return of Unused Loan Funds. Any loan funds disbursed but not expended for the <br />PROJECT in accordance with the terms of this CONTRACT shall be remitted to the CWCB <br />within 30 calendar days from notification from the CWCB of either (1) completion of the <br />PROJECT or (2) determination by the CWCB that the PROJECT will not be completed. <br />6. BORROWER's Authority to Contract. The BORROWER warrants that it has full power and <br />authority to enter into this CONTRACT. The execution and delivery of this CONTRACT and <br />the performance and observation of its terms, conditions and obligations have been <br />duly authorized by all necessary actions of the BORROWER. The BORROWER'S <br />AUTHORIZING RESOLUTION(s) are attached as APPENDix 3a and 3b and incorporated <br />Loan Contract C150344 <br />Page 2 of 11 <br />
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