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PROJ00549
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PROJ00549
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Last modified
10/28/2011 3:02:57 PM
Creation date
10/6/2006 12:01:14 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153618
Contractor Name
Greeley, City of
Contract Type
Loan
Water District
3
County
Larimer
Bill Number
SB 87-15
Loan Projects - Doc Type
Contract Documents
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<br />( <br /> <br />".' <br /> <br />is a condition precedent to state performance of this contract. <br />Such ordinance shall be irrepealable for the period of repayment <br />of the project contract loan. Such ordinance shall specifically <br />authorize the City to enter into this Contract. Such ordinance <br />shall specifically pledge the full faith and credit of the City to <br />repay the project contract loqn in the event of default. Such <br />ordinance shall be attached hereto as Exhibit D and is <br />incorporated herein by this reference. <br /> <br />a. At the Contractor's option, the total principal <br />repayment cost can be repaid to the State by the <br />Contractor at any time within the twenty-five (25)-year <br />repayment period, thereby terminating this contract. The <br />repayment of the total principal repayment cost prior to <br />the end of the twenty-five (25)-year period can be done <br />by submitting. a final payment to the. State equal in <br />amount to the outstanding unpaid prin9ipal of the total <br />principal repayment cost when this final payment is made <br />plus the interest accumulated on the unpaid total <br />principal repayment cost calculated at a rate of five <br />percent (5%) per annum for that period from the last <br />scheduled annual payment date to the date final payment <br />of the outstanding total principal repayment cost <br />principal is received by the state. <br /> <br />12. 'Obtain and maintain general fire and hazard insurance <br />on the project in an amount not less than the outstanding <br />amount of the loan made by the state to the Contractor until the <br />Contractor has repaid the loan in full under the terms of <br />paragraph A.ll. above or paragraph A.ll.a. above. The state shall <br />be the sole insured of this policy. The outstanding loan amount <br />payable to the State shall be reduced in the amount of any <br />payments made to the State under this insurance coverage. If only <br />a portion .of the outstanding loan amount is paid to the state <br />under this policy, the number of installment payments shall remain <br />unchanged; however, the amount of each payment shall be reduced to <br />accurately reflect the reduction in outstanding loan principal. A <br />copy of the ordinance creating the Contractor's self-insurance <br />program and a letter of credit creating a reserve for the program <br />are attached and made a part hereof as Exhibit A. <br /> <br />13. Comply with the Construction Fund Program Procedures <br />attac~ed hereto as Exhibit E and incorporated by reference herein. <br /> <br />14. Comply with the provisions of section 37-60-120, <br />Colorado Revised statutes, and any other applicable statutes, <br />procedures, requirements, rules, or regulations which the state <br />has. <br /> <br />15. Not sell, convey, assign, grant, transfer, mortgage, <br />pledge, encumber, or otherwise dispose of the project or any <br />portion thereof so long as any of the annual installments required <br />by paragraph A.1l. above remain unpaid, or until the outstanding <br />principal of the project loan is repaid in accordance with <br />paragraph A.11.a., without the prior written concurrence of the <br />state. <br /> <br />. '-' , . . <br />'. . <br />B. Upon default in the payments herein set forth .to be made by <br />the Contractor, or default in the performance of any covenant or <br />agreement contained herein, the State, at its option, may (a) <br />declare the entire principal amount then outstanding immediately <br />due and payable; (b) for the account of the Contractor, incur and <br />pay reasonable expenses for repair, maintenance, and operation of <br />the project herein described and such expenses as may be necessary <br />to cure the cause of default; (c) take possession of the project, <br />repair, maintain, and operate or lease it; (d) act upon the <br />security (described in paragraph A.5. above) and/or (e) take any <br />other appropriate legal action. All remedies'described herein may <br />be simultaneously or selectively and successively enforced. The <br />provisions of this contract may be enforced by the State at its <br />option without regard to prior waivers by it of previous defaults <br />by the Contractor, through jUdicial proceedings to require . <br /> <br />Page ! of ~ pages <br /> <br />'.-,~ <br /> <br />.t:('z<~'k <br /> <br />'. -,-.---- .~ :'-:-'-:::", : :i;:-:~:::::~.:~:~:~:. ".::--:" <br /> <br />
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