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PROJC00554
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PROJC00554
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Last modified
11/19/2009 11:09:09 AM
Creation date
10/6/2006 12:10:41 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153529
Contractor Name
Ish Reservoir Company
Contract Type
Loan
Water District
4
County
Larimer
Bill Number
SB 88-30
Loan Projects - Doc Type
Contract Documents
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<br />'-'- <br /> <br />time to time as necessary, upon written notice from the State. <br />to provide sufficient funds for adequate operation and <br />maintenance. emergency repair services. obsolescence reserves. <br />and debt reserves. and to assure repayment of the project loan <br />to the State as provided herein. <br /> <br />10. Pursuant to its Articles of Incorporation and to its <br />Bylaws. the Board of Directors of 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 President and the Secretary to pay <br />the indebtedness. Such orders shall be attached hereto as <br />Exhibit E and included herein. The Contractor, through a <br />majority vote of the stockholders, shall also authorize the <br />warranty deed security interest reguired by the State in <br />paragraph B.14. below. The above conditions must be performed <br />by the Contractor prior to the State performance under this <br />contract. <br /> <br />11, Pursuant to its Articles of Incorporation and to its <br />Bylaws. but not limited to any specific article, the <br />Contractor. through either its stockholders or its Board of <br />Directors, 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 aDd 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. to raise sufficient .revenue to <br />assure repayment of the project loan to the State, <br /> <br />12, Provide the State with such periodic reports as the <br />State may require and permit periOdic inspections of its <br />operations and accounts by a designated representative of the <br />State. <br /> <br />13. Repay to the State the total principal sum of <br />Thirty-Six Thousand Dollars ($36,000), which includes the <br />project loan amount and the Three Thousand Dollars ($3,000) <br />feasibility report amount. together with interest at the rate <br />of (ive percent (5\) per annum. said repayment to be made in <br />constant annual installments of Two Thousand Eight Hundred <br />Eighty-Eight Dollars and Sixty-Five Cents ($2,888,65) each, for <br />twenty (20) years, as shown in Exhibit C, attached hereto and <br />incorporated by reference herein, which first installment shall <br />be due and payable on the first day of ,the month next <br />succeeding the month in which the State determines that the <br />project has been substantially completed. and yearly thereafter <br />until the entire principal sum shall have been paid. However. <br />in the event the Contractor does not draw funds commencing on <br />the date specified in paragraph D.l,a. below, the Obligation to <br />repay shall be postponed for the same number of months as the <br />Contractor delays in drawing funds. Said installment payments <br />shall be made payable to the Colorado Water Conservation Board. <br />payable at the offices of said Board in Denver. Colorado, <br /> <br />14. As security for the loan to be made to it by the <br />State, execute a warranty deed within thirty (30) days,of the <br />first advance of funds from the State as provided in paragraph <br />D.l.a. below which shall convey to the State the following:, <br /> <br />An undivided fifty percent (50%) of the following: <br /> <br />a. 4,OOO~ linear feet of 6-inch PVC pipe with all <br />appurt.enances. <br /> <br />Page ! of 10 Pages <br />( <br /> <br />( <br />
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