Laserfiche WebLink
<br />establish revenues from water user charges and fees sufficient to pay this contract loan in a timely manner <br />and as required by the terms and conditions herein to assure repayment of the loan to the STATE. In the <br />event these revenues are or become insufficient to assure repayment to the STATE as required by the terms <br />and conditions herein, then the CITY, upon written notice thereof from the STATE, shall immediately take all <br />necessary action consistent with its statutory authority, including but not limited to adjusting user charges <br />and fees, to raise sufficient revenue to assure repayment of the loan to the STATE. <br /> <br />10. Periodic inspections. The CITY shall permit the STATE to make periodic inspections of its construction, <br />operations and accounts by a designated representative of the STATE. Any such inspections by the STATE are solely <br />for the purpose of verifying compliance with the terms and conditions of the contract and shall not be construed <br />nor interpreted as an approval of the actual design. construction, or operation of any element of the PROJECT. <br /> <br />11. Adhere to applicable laws. The BORROWER and the CITY shall strictly adhere to all applicable federal, state, <br />and local laws and regulations that have been or may hereafter be established. <br /> <br />B. The STATE agrees as follows: <br /> <br />1. Agreement to loan money. The STATE agrees to loan to the CITY acting by and through the BORROWER an <br />amount not to exceed that specified in the Promissory Note Provisions of this contract. <br /> <br />2. Loan disbursement. Payment of the loan amount shall be made by State Warrant within thirty (301 days <br />from receipt of BORROWER'S request for funds. <br /> <br />3. Release after loan is repaid. Upon complete repayment to the STATE of the entire principal and any accrued <br />interest as specified in the Promissory Note Provisions of this contract, the STATE agrees to execute a UCC-3 form <br />to terminate all of the STATE'S rights in and to the proceeds and revenues pledged to repay this loan and the <br />CONTRACT RIGHTS under the Allotment Contract. <br /> <br />C. The STATE and the BORROWER and the CITY agree as follows: <br /> <br />1. Designated agent ofthe STATE. The CWCB. which includes its agents and employees, is hereby designated <br />as the agent of the STATE for the purpose of this contract. <br /> <br />2. Contract is not assignable. This contract is not assignable by the CITY or the BORROWER except with the <br />prior written approval of the STATE. <br /> <br />3. Contract relationship. The parties to this contract intend that the relationship between them contemplated <br />by this contract is that of lender-borrower. not employer-employee. No agent, employee. or servant of the <br />BORROWER or the CITY shall be, or shall be deemed to be, an employee, agent. or servant of the STATE. The <br />BORROWER or the CITY will be solely and entirely responsible for its acts and the acts of its agents, employees, <br />servants. engineering firms, construction firms, and subcontractors during the performance of this contract. <br /> <br />4. Complete integration of all understandings. This agreement is intended as the complete integration of all <br />understandings between the parties. No prior or contemporaneous addition, deletion. or other amendment hereto <br />shall have any force or effect whatsoever unless embodied herein in writing. No subsequent notation, renewal, <br />addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract <br />executed and approved pursuant to STATE fiscal rules. <br /> <br />5. Eligible expenses. PROJECT construction costs eligible for financing by the STATE shall include. but not be <br />limited to, the cost of planning. design. right-of-way acquisition, purchase of raw water rights, and construction of <br />the following segments: <br /> <br />a. Carter Lake outlet modifications <br /> <br />b. Carter Lake to Broomfield pipeline <br /> <br />CITY OF FORT MORGAN, COLORADO, WATER <br />WORKS AND DISTRIBUTION ENTERPRISE <br /> <br />Page 6 of 10 <br /> <br />LOAN CONTRACT <br />