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PROMISSORY NOTE <br /> Date: August 1 , 2001 Date of Completion I core-k. / � 2 1'1)3 <br /> 1. FOR VALUE RECEIVED, the City of Victor, acting by and through the City of Victor, <br /> Colorado Water and Wastewater Enterprise ("BORROWER") promises to pay the <br /> State of Colorado Water Conservation Board ("STATE"), the principal sum of Six <br /> Hundred Thousand Dollars ($600,000) plus interest at the rate of three and <br /> three-fourths percent (3.75%) per annum for a term of twenty (20) years, pursuant <br /> to Loan Contract No. C150081 dated August 1 , 2001 ("LOAN CONTRACT"). <br /> 2. Principal and interest shall be payable in equal installments of $43,177.26, with the <br /> first payment due and payable one year from the date that the State determines that <br /> the project is substantially complete, and annually thereafter until all principal, <br /> interest, and late charges, if any, have been paid in full, with all such principal, <br /> interest, and late charges, required to be paid within 20 years. <br /> 3. Payments shall be made payable to the Colorado Water Conservation Board and <br /> mailed to 1313 Sherman Street, Room 721 , Denver, Colorado 80203. <br /> 4. If the STATE does not receive the annual payment within 15 calendar days of the <br /> due date, the State may impose a late charge in the amount of 5% of the annual <br /> payment. <br /> 5. This Note may be prepaid in whole or in part at any time without premium or <br /> penalty. Any partial prepayment shall not postpone the due date of any subsequent <br /> payments or change the amount of such payments. <br /> 6. All payments received shall be applied first to late charges, if any, next to accrued <br /> interest and then to reduce the principal amount. <br /> 7. This Note is issued pursuant to the LOAN CONTRACT between the STATE and the <br /> BORROWER. The LOAN CONTRACT creates security interests in favor of the STATE to <br /> secure the prompt payment of all amounts that may become due hereunder. The <br /> security interests, evidenced by a Security Agreement of even date and amount, <br /> cover certain revenues and accounts of the BORROWER. The LOAN CONTRACT and <br /> Security Agreement grant additional rights to the STATE, including the right to <br /> accelerate the maturity of this Note in certain events. <br /> 8. If any annual payment is not paid when due or any default under the LOAN <br /> CONTRACT or the Security Agreement securing this Note occurs, the STATE may <br /> declare the entire outstanding principal balance of the Note, all accrued interest, <br /> and any outstanding late charges immediately due and payable, and the <br /> indebtedness shall bear interest at the rate of 7% per annum from the date of <br /> default. The STATE shall give the BORROWER written notice of any alleged default <br /> and an opportunity to cure within thirty (30) days of receipt of such notice before the <br /> BORROWER shall be considered in default for purposes of this Promissory Note. <br /> 9. The BORROWER, any guarantor, and any other person who is now or may hereafter <br /> become primarily or secondarily liable for the payment of this Note or any portion <br /> Appendix 2 to Loan Contract C150081 <br />