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CT2016-2005 Contract
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CT2016-2005 Contract
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1/22/2016 10:41:01 AM
Creation date
1/22/2016 10:40:58 AM
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Loan Projects
Contract/PO #
CT2016-2005
Contractor Name
Lower Poudre Augmentation Company
Contract Type
Loan
County
Larimer
Loan Projects - Doc Type
Contract Documents
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maturity date of 2041 and Contract #CT2015-171, in the original amount of <br /> $1,163,015 with annual payments of $55,177, with an estimated maturity date of <br /> 2045. Both loans are in good standing. <br /> SECTION 6—COLLATERAL <br /> The SECURITY provided for this loan, as evidenced by the executed SECURITY <br /> AGREEMENT (APPENDIX 5), DEED OF TRUST (APPENDIX 6) and STOCK ASSIGNMENT <br /> (APPENDIX 7) and incorporated herein, shall be a pledge of well augmentation fee <br /> assessment revenues backed by an assessment covenant and an undivided one <br /> hundred percent (100%) interest in the water shares purchased with the loan <br /> proceeds as more particularly described in the attached DEED OF TRUST (APPENDIX <br /> 6). <br /> SECTION 7—ADDITIONAL CONDITIONS&CONTRACT REQUIREMENTS <br /> No Construction. CWCB and BORROWER hereby acknowledge and agree that the <br /> PROJECT does not include a construction component and that the distribution of loan <br /> proceeds will incur at a closing for the purchase of the WATER RIGHTS. <br /> SECTION 8—"CONSTRUCTION FUND PROGRAM" PROCEDURES FOR WATER PURCHASE <br /> PROJECTS <br /> A. The BORROWER shall submit, in writing, copies of the sales agreement and the <br /> appraisal for the WATER RIGHTS or opinion of value from a qualified water rights <br /> appraiser supporting the purchase price prior to disbursal of loan funds including, <br /> but not limited to, the name of the seller, cost, closing date, appraisal value and <br /> support documentation prior to disbursal of loan funds. <br /> B. The BORROWER shall pay all of the expenses related to the PROJECT when such bills <br /> are due. <br /> SECTION 9—ELIGIBLE EXPENSES FOR WATER PURCHASE PROJECTS. <br /> A. Engineering associated with the feasibility report prepared as a requirement for this <br /> loan and associated with evaluating the suitability of the water rights for purchase by <br /> the BORROWER. <br /> B. Interest during completion of the PROJECT pursuant to Paragraph A.4 herein. <br /> C. Legal services for reviewing engineering services contracts and this CONTRACT. <br /> D. Purchase of the water rights. <br /> SECTION 10—DISBURSEMENT SCHEDULE <br /> For a water rights purchase: the BORROWER shall prepare a written request for funds <br /> that shall describe the upcoming closing on water rights purchase including, but not <br /> limited to, the name of the seller, cost, closing date, and appraisal value and support <br /> documentation in the form of copies of the sales agreement and the appraisal <br /> pursuant to Section 8A above. After receipt of the written request from the <br /> BORROWER, and review and acceptance of the items therein as eligible expenses as <br /> described above, the CWCB will pay to the BORROWER the amount set forth in the <br /> request or such portion that has been approved by the CWCB. Such payment shall <br /> Appendix 1 <br /> Page 2 of 3 <br />
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