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PROJ00316
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Last modified
7/13/2010 10:00:02 AM
Creation date
10/5/2006 11:49:26 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153577
Contractor Name
Michigan River Water Conservancy District
Contract Type
Loan
Water District
47
County
Jackson
Bill Number
SB 90-41
Loan Projects - Doc Type
Contract Documents
Supplemental fields
Water Division
8
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<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 Nine Hundred Nine Thousand Eighty-Two Dollars and <br />Forty Cents ($1.909.082.40). as set forth in paragraph B,8. <br />above of this contract. the State agrees to convey to the <br />Contractor all of the State's ri9ht. title. and interest in and <br />to the project and any other property described in paragraph' <br />B.9. above by deed or other proper conveyance. <br /> <br />K. The COlorado Water Conservation Board. its 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 <br />actions necessary to guarantee such repayment as provided <br />herein including. without being limited to. the actions <br />specified in 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. a water allotment contract assessment levied for that <br />purpose as authorized by Resolution of its Board of Directors <br />(Exhibit C). The Contractor hereby pledges such assessment <br />revenues to repay the State loan. warrants that these revenues <br />will not be used tor any other purpose. and agrees to provide <br />the State a perfected security interest in the form provided by <br />the State irrevocably pledging such revenues on the date of <br />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 Rules and Regulations. authorizing: the <br />Contractor to enter into this contract with the State to <br />borrow the principal sum of One Million One Hundred Three <br />Thousand Two Hundred Dollars ($1.103.200); to make and levy <br />water allotment contract assessment(s) sufficient to payoff <br />this contract loan pursuant to its terms and to discharge this <br />lawful indebtedness: to set aside this assessment revenue in a <br />special and separate account. apart from other Contractor <br />revenues to assure repayment of this revenue to the State; and <br />to sign a security interest in such assessment revenues in <br />favor of the State to secure the repayment, Copies of such <br />security interest (Uniform Commercial Code--Security Agreement <br />and Uniform Commercial Code--Financing Statement) shall be <br />attached hereto and incorporated herein as Exhibits H and I. <br />respectively. The Resolution of the Contractor and the <br />security interest of the Contractor are conditions precedent to <br />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 trom the State. the Contractor shall. pursuant <br />to its Rules and Regulations and Sections 37-45-121 through <br />37-45-126. CRS (1973 and 1989 Supp.). immediately take all <br />necessary actions to levy an additional assessment and to <br />pledge additional revenues in a sufficient amount and 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 />P. The Contractor warrants that the security interest executed <br />by the Contractor in favor of the State to secure repayment of <br />this loan is a valid security interest which shall be binding <br /> <br />Page ~ of 1 Pages <br />
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