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<br />..., .-.~ <br /> <br />10, The STATE understands that the repayment of the funds loaned, including interest thereon, will come from <br />revenues pledged for the repayment thereof from rates, fees, and other charges for water sold BORROWER and that this <br />obligation does not constitute a debt of the BORROWER OR TOWN within the meaning of any constitutional or statutory <br />limitations; and <br /> <br />11. The STATE now desires, by this contract, to loan money to the BORROWER for this PROJECT upon mutually <br />agreeable terms and conditions, subject to the availability of funding for that purpose. <br /> <br />NOW THEREFORE, it is hereby agreed that: <br /> <br />1. Preparation of the feasibility report, The BORROWER &hall have a feasibility report prepared on the PROJECT. The <br />STATE has approved a Plan of Study for the PROJECT Feasibility Report prepared by BORROWER'S consulting engineer, <br />WestWater Engineering, hereinafter referred to as CONSULTANT, The Plan of Study is attached hereto as APPENDIX Band <br />thereby made a part of this contract. <br /> <br />2, Time for completion, Three (3) copies of the final report of the feasibility study prepared in compliance with the <br />above referenced CONSULTANT'S plan of study shall be furnished to the STATE no later than one (1) year after the date of this <br />contract, unless such time is extended by mutual agreement of the parties hereto in writing. <br /> <br />3. The STATE will loan the money to do the feasibility report. The STATE shall loan the BORROWER the amount of <br />Seven Thousand Five Hundred Dollars ($7,500)to pay for part of the cost of the services of the BORROWER'S CONSULTANT to <br />prepare the final report of the feasibility study. Said amount shall be disbursed in the manner following: <br /> <br />a. Payment of first 50%. The payment of the first half of the loan, Three Thousand Seven Hundred Fifty Dollars <br />($3,750), will be made by the STATE to the BORROWER upon written request from the BORROWER. Said payment will <br />be made within thirty (30) days after receipt of request by the STATE. <br /> <br />b, Payment of remaining 50%. The remaining fifty percent (50%), Three Thousand Seven Hundred Fifty Dollars <br />($3,750), will be made to the BORROWER within thirty (301 days following receipt and acceptance by the STATE of the <br />final written report specified in paragraph 2 of this contract, <br /> <br />4, Authority to contract. Pursuant to their statutory authority, the TOWN'S board of trustees and the BORROWER'S <br />commission shall adopt a joint resolution, which is irrepealable until the loan is fully discharged, authorizing the BORROWER <br />to: <br /> <br />a, authorize this loan, and <br /> <br />b. enter into and execute this contract for this loan which is for payment of a portion of the cost of a feasibility study <br />to evaluate alternatives for a raw water project, and to pay the indebtedness, and <br /> <br />c. make and levy assessment(s) sufficient to pay off this contract loan pursuant to its terms, and <br /> <br />d, place sufficient monies collected from water rates, fees and other charges each year in a separate account, apart <br />from other revenues of the BORROWER to assure repayment of this loan to the STATE, and <br /> <br />e. sign a security interest in such assessment revenues in favor of the STATE to secure the repayment of this loan. <br /> <br />Such resolution is attached hereto as APPENDIX C. <br /> <br />5. Promissory note provisions. The BORROWER and the TOWN understand that this contract is also a promissory note <br />for the repayment of funds loaned by the STATE to the BORROWER according to the terms set forth herein, <br /> <br />a, BORROWER to repay principal plus interest. In consideration of the STATE loaning the BORROWER the funds to help <br />pay for the cost of preparing the feasibility study report, the BORROWER shall repay to the STATE the entire principal <br />amount borrowed under this contract, plus interest at two percent (2%1 per annum on each loan advance disbursed <br />to the BORROWER, starting from the date of advancement of funds by the STATE, regardless of whether the PROJECT <br />is imptemented or not. <br /> <br />TOWN OF NORWOOD & NORWOOD WATER COMMISSION <br /> <br />Page 2 of B Pages <br /> <br />FEASIBILITY REPORT CONTRACT <br />