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PROJ00289
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Last modified
11/19/2009 11:02:53 AM
Creation date
10/5/2006 11:47:51 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153597
Contractor Name
Windsor Reservoir and Canal Company
Contract Type
Loan
Water District
3
County
Larimer
Bill Number
HB 91-1006
Loan Projects - Doc Type
Contract Documents
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<br />satisfaction, or termination of any or all of the Contractor's <br />obligations under this agreement, with or without valuable <br />consideration, upon such terms and conditions as the State may <br />determine to be: (a) advisable to further the purposes of this <br />contract or to protect the state's financial interest therein, <br />and (b) consistent with both the statutory purposes of this <br />contract and the limitations of the statutory authority under <br />which it is made. <br /> <br />J, Upon completion of repayment to the state in the amount of <br />One Million Three Hundred Forty-Nine Thousand Eight Hundred' <br />Seventy Dollars and Fifty Cents ($1,349,870.50) as set forth in <br />paragraph B.13. above of this contract, the state agrees to <br />seRvey ts the SSRtraetSE' all sf the: Gtat~'B ~i9"ht, tit.16, ....l.d. <br />fl Jf il.t.,-l",-s1:. ift aRa t.e t.ke l"l:"ejeat. aRa aRY at.he:rr f'l:craF6rt:~. Q6sgriselJ <br />-t-f) il. 15a:t:a~l:a."h B.11. aaeve by seea BE' etael:" pl:"6per aeRveyaR88, <br />execute and aeliver a release of the deed of trust and all other security <br />intere~ts giyen horein, , , <br />K. Tne co~oraao Water Conservat~on Board, ~ts agents and <br />employees, is hereby designated as the agent of the State for <br />the purpose of this contract. <br /> <br />L. The Contractor agrees and understands that sections <br />37-60-119 through 37-60-122, CRS, as amended, require that the <br />loan of money by the State to the contractor for this water <br />project be conditioned upon the repayment of the loan to the <br />state. The Contractor hereby agrees to take any and all. actions <br />necessary to guarantee such repayment as provided herein <br />inclUding, without being limited to, the actions specified in <br />this contract. <br /> <br />M. The Contractor agrees that the specific revenues to be <br />pledged to repay the state shall include, without being limited <br />to, an assessment levied for that purpose as authorized by <br />Resolution of the Contractor. The Contractor hereby pledges <br />such assessment revenues to repay the state loan, warrants that <br />these revenues will not be used for any other purpose, and <br />agrees to provide the state a perfected security interest in the <br />form provided by the state irrevocably pledging such revenues on <br />the date of execution of this contract. <br /> <br />N. The Contractor warrants that it has duly passed, or will <br />pass, a Resolution (Exhibit C) by its Board of Directors, as <br />provided in its By-Laws, authorizing: the Contractor to enter <br />into this contract with the State to borrow the principal sum <br />of Seven Hundred Sixty-One Thousand Dollars ($761,000); to make <br />and levy assessment(s) sufficient to payoff this contract loan <br />pursuant to its terms and to discharge this lawful indebtedness; <br />to set aside this assessment revenue in a special fund separate <br />and apart from other Contractor revenues to assure repayment of <br />this revenue to the state; and to sign a security interest in <br />such assessment revenues in favor of the State to secure the <br />repayment. Copies of such security interest (Uniform Commercial <br />Code--Security Agreement and Uniform Commercial COde--Financing <br />Statement) shall be attached hereto and incorporated herein as <br />Exhibits G and H, respectively, The Resolution of the <br />Contractor and the security interest of the Contractor are <br />conditions precedent to State performance. <br /> <br />O. The Contractor warrants that in the event of a default by <br />the Contractor in the repayment to the state, and upon written <br />notice thereof from the state, the Contractor shall, pursuant to <br />its By-Laws and Section 7-42-104, CRS (1986), immediately take <br />all necessary actions to levy an additional assessment and to <br />pledge additional revenues in a sufficient amount ana in a <br />timely manner to cure the default and to repay the state as <br />required by the contract, Such additional revenues shall be <br />deemed covered by the existing security interest. <br /> <br />Page 8 of ~ Pages <br />
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