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PROJC00207
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PROJC00207
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Last modified
8/1/2013 11:33:57 AM
Creation date
10/6/2006 12:04:21 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C153527
Contractor Name
Overland Ditch and Reservoir Company
Contract Type
Loan
Water District
40
County
Delta
Bill Number
SB 88-30
Loan Projects - Doc Type
Contract Documents
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<br />7. Pursuant to 7-22-101(h). CRS. its Articles of <br />Incorporation and to its Bylaws. the Contractor shall take all <br />necessary actions consistent therewith to adopt an order or <br />resolution authorizing the Contractor to contract this loan <br />debt. and authorizing the undersigned signatory to sign on <br />behalf of the Contractor. and authorizing the Contractor to use <br />project fees. levies. or other assessments as may be necessary <br />to pay the indebtedness. Contractor shall have its attorney <br />review these documents and render an opinion as to the adeguacy <br />of the authority for Contractor to enter into this obligation. <br />formalities of the contract. and the security interest <br />provided. Such orders and the opinion shall be attached hereto <br />as Exhibit A and included herein. The Contractor. through a <br />majority vote of the Board of Directors. shall also authorize <br />the security interest required by the State in paragraph A.B. <br />below. The above conditions must be performed by the <br />Contractor prior to the State performance under this contract. <br /> <br />8. As security for the loan to be made to it by the State. <br />execute the fOllowing security commitments prior to the advance <br />of funds from the State which shall convey to the State the <br />revenues derived from assessments. levys. or assets of the <br />Contractor. Execute the Uniform Commercial Code documents and <br />annually thereafter. In addition. transfer through deed of <br />trust the balance of interest in the project not already held <br />by the State. <br /> <br />9. Pursuant to its Articles of Incorporation and to its <br />Bylaws. the Contractor. through its Board of Directors. as <br />provided therein. shall take all. necessary actions consistent <br />therewith to levy assessments to raise sufficient funds to pay <br />this contract loan debt in a timely manner and as required by <br />the terms and conditions herein to assure repayment of the <br />project loan to the State. In the event that the assessment(s) <br />levied by the Contractor. or the revenues reSUlting therefrom. <br />are or become insufficient to assure repayment of the State as <br />required by the terms and conditions herein. then the <br />Contractor. upon written notice thereof from the State. shall <br />immediately take all necessary action consistent with its <br />Articles of Incorporation and Bylaws. including but not limited <br />to additional assessments. or increases in the rate schedule <br />pursuant to Article A.5~ to raise sufficient revenue to assure <br />repayment of the project loan to the State. <br /> <br />10. Repay to the State the total principal sum of One <br />Million Fifty-Seven Thousand six Hundred Fifty-Nine Dollars <br />($1,057,659). which includes the project loan amount and <br />interest at the rate of five percent (5\) per annum. said <br />repayment to be made in constant annual installments of <br />Thirty-Five Thousand Two Hundred Fifty-Five Dollars and Thirty <br />Cents ($35.255.30) each. for thirty (30) years. as shown in <br />Exhibit B. attached hereto and incorporated by reference <br />herein. which first installment shall be due and payable on the <br />first day of the month as scheduled in Exhibit B and yearly <br />thereafter until the entire principal sum shall have been <br />paid. Said installment payments shall be made payable to the <br />Colorado Water Conservation Board. payable at the offices of <br />said Board in Denver. Colorado. <br /> <br />11. Obtain and maintain general fire aod 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 <br />the Contractor has repaid the loan in the full under the terms <br />of paragraph A.IO. above. The State shall be named coinsured <br />with the Contractor on this pOlicy. The outstanding loan amount <br />payable to the State shall be reduced i~ the amount of any <br />payments made to the State under this insurance coverage. If <br />only a portion of the outstanding loan amount is paid to the <br />'State under this pOlicy. the number of installment payments <br />shall remain unchanged; however. the amount of each payment <br /> <br />Page ~ of 2 pages <br />
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