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C150060A Contract
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C150060A Contract
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Last modified
1/6/2014 3:19:36 PM
Creation date
10/5/2006 11:56:49 PM
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Loan Projects
Contract/PO #
C150060A
Contractor Name
Julesburg Irrigation District
Contract Type
Loan
Water District
64
County
Sedgwick
Bill Number
XB 99-999
Loan Projects - Doc Type
Contract Documents
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<br />., <br /> <br />the parties agree as follows: <br /> <br />A, LOAN PROVISIONS <br /> <br />1, Promissory Note Provisions. The CWCB agrees to loan to the BORROWER an amount <br />not to exceed the LOAN AMOUNT and the BORROWER agrees to repay the loan in <br />accordance with the terms as set forth in the Promissory Note, attached hereto as <br />Appendix 2 and incorporated herein. <br /> <br />2. Interest Prior to Project Completion, As the loan funds are disbursed by the CWCB to <br />the BORROWER, interest shall accrue at the rate set by the CWCB for this loan, The <br />CWCB shall calculate the amount of the interest that accrued prior to completion of the <br />PROJECT and the BORROWER shall repay that amount to the CWCB either within ten (10) <br />days after the date the CWCB determines that the PROJECT has been substantially <br />completed, or, at the CWCB's discretion, said interest shall be deducted from the final <br />disbursement of loan funds that the CWCB makes to the BORROWER. <br /> <br />3. Return of Unused Loan Funds, Any loan funds disbursed but not expended for the <br />PROJECT in accordance with the terms of this Contract shall be remitted to the CWCB <br />within 30 days of either (1) completion of the PROJECT or (2) upon the determination by <br />the CWCB that the PROJECT will not be completed, <br /> <br />4, Final loan amount. In the event that the final loan amount is at least 90% of the LOAN <br />AMOUNT, the STATE shall apply the remaining loan funds to prepayment of the loan, <br />which will result in the annual loan payment remaining the same, and the time for <br />repayment of the loan will be reduced, If the final loan amount is less than 90% of the <br />LOAN AMOUNT, the STATE may apply those funds to prepayment of the loan with the <br />BORROWER'S consent, or the State and the BORROWER shall execute an amendment <br />that will establish the final loan amount and amend or replace the loan documents that <br />reflect the final loan amount, including the Promissory Note and Security Agreement <br /> <br />5, BORROWER'S Authority To Contract. The BORROWER'S board of directors has adopted a <br />resolution that constitutes a legislative measure of the BORROWER, attached as Appendix <br />3 and incorporated herein, authorizing the BORROWER to perform in accordance with the <br />terms of this contract. <br /> <br />6. Attorney's Opinion Letter, Prior to the execution of this contract by the CWCB, the <br />BORROWER shall submit to the CWCB a letter from its attorney stating that it is the <br />attorney's opinion that <br /> <br />a. the person signing for the BORROWER was duly elected or appointed and has authority <br />to sign such documents on behalf of the BORROWER and to bind the BORROWER; <br /> <br />b. the BORROWER'S resolution authorizing the execution and delivery of the contract was <br />duly adopted by the governing body of the Borrower; <br /> <br />c, there are no provisions in the Colorado Constitution or any state or local law that <br />prevent this contract from binding the BORROWER; and <br /> <br />d, the contract will be valid and binding against the BORROWER if entered into by the <br />CWCB, <br /> <br />7, Pledge Of Property, The BORROWER hereby irrevocably pledges to theCWCB for <br />purposes of repayment of this loan (1) general revenues comprised 01 taxes and <br /> <br />Julesburg Irrigation District <br /> <br />Page 2 of 12 <br /> <br />Loan Contract <br />
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