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<br />, <br /> <br />. <br /> <br />. <br /> <br />WHEREAS, the State has authority to enter this agreement <br /> <br />pursuant to section 37-60-119 and 37-60-122(1), eRS; and <br /> <br />WHEREAS, pursuant to section 37-60-120, the State is required <br /> <br />to assure repayment of loan funds by the Contractor; and <br /> <br />WHEREAS, pursuant to Contractor's statutory powers and as <br /> <br />authorized by a July 20, 1988 special election of the District <br /> <br /> <br />members, the Contractor has authority to contract to borrow money <br /> <br /> <br />provided that a Resolution be duly passed by the Board of <br /> <br />Directors of the District as authorized as <br />required by law and to levy ass~~\ss frt. ng repayment of the <br />State according to .the ter~.'.~f tl!~~ion fact and <br />il'''''4't!\ ~if, ;\., ~ <br /> <br />NOW THEREFo~t~~on~~:~n of the mutual and dependent <br />covenants herein co~ed, it is agreed by the parties hereto as <br />follows: <br /> <br /> <br />A. The Contractor agrees that it shall: <br /> <br />1. Use funds loaned by the State for the sole purpose of <br />repurchasing its Rehabilitation and Betterment loan obligation <br /> <br />from Interior before August 18, 1988. This loan shall not be used <br /> <br />by the qontractor for any other purpose. In the event that <br /> <br />repurchase is not accomplished by August 18, 1988, the Contractor <br /> <br /> <br />shall immediately repay this loan amount to the State. <br /> <br />2. prior to the execution of this contract, adopt a <br /> <br /> <br />resolution consistent with its statutory powers and as approved by <br /> <br />a July 20, 1988 special election of the District members to <br /> <br />authorize the incurring of this debt, the levy of assessments to <br /> <br />repay the debt, and the execution of security to a~sure repayment <br /> <br />to the State. <br /> <br />3. Without expense to the State, manage, operate, and <br /> <br />maintain the project continuously in an efficient and economical <br /> <br />manner, and assume all legal liability for such <br /> <br />Page 3 of 11 pages <br />