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PROJ00440
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Last modified
5/8/2015 2:39:04 PM
Creation date
10/5/2006 11:55:33 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153572
Contractor Name
North Poudre Irrigation Company
Contract Type
Loan
Water District
3
County
Larimer
Bill Number
HB 85-1042
Loan Projects - Doc Type
Contract Documents
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<br />deletion. or other amendment hereto shall have any force or <br />effect unless embodied in a written contract executed and <br />approved pursuant to State fiscal rules. <br /> <br />1. In its sole discretion. the State may at any time and in <br />writing give any consent. deferment. subordination. release. <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 nhis <br />contract or to protect the State1s 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 />Seven Hundred Forty-Five Thousand Nine Hundred Sixty Dollars <br />and Forty Cent6 ($745.960.40) a6 6et forth in paragraph B.13. <br />above of this contract. the State agrees to convey to the <br />Contractor all of the Statels right. title. and interest in and <br />to the project and any other property described in paragraph <br />B.14. 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 />:~. <br /> <br />L. The Contractor agrees and understands that sections <br />37-60-119 through 37-60-122, CRS, a6 amended. cequice that the <br />loan of money by the State to the Contractor for this water <br />project be conditioned upon the repayment ot the loan to the <br />State. The Contractor hereby agrees to taK~ 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. an assessment levied for that purpose a~ authorized by <br />Resolution of the Contractor. The Contractcr hereby pledges <br />such assessment revenues to repay the State loan. warrants that <br />these revenues will not be used for any oth~r purpose. and <br />agrees to provide the State a perfected security interest in <br />the form provided by the State irrevocably pledging such <br />revenues on the date of execution of this contract. <br /> <br />N. The Contractor warrants that it has duly passed a <br />Resolution. attaChed hereto and incorporated herein as Exhibit <br />E. by its Board of Directors. as provided in its By-Laws. <br />authorizing the Contractot: to enter into this contract with <br />the State to borrow the principal sum of Three Hundred Twenty <br />Thousand Dollars ($320,000); to execute the warranty deed <br />security interest required by the State in paragraph B.14. <br />above: to make. levy and pledge assessment(s) sufficient to pay <br />off this contract loan pursuant to its terms and to discharge <br />this lawful indebtedness; to set aside this assessment revenue <br />in a special fund separate and 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 G and H. <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 from the State, the Contractor shall. pursuant <br /> <br />Page ~ of 11 Pages <br />
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