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C153771 Contract
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C153771 Contract
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Last modified
3/7/2013 2:09:31 PM
Creation date
10/6/2006 12:16:55 AM
Metadata
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Loan Projects
Contract/PO #
C153771
Contractor Name
Horse Creek Water Users Association
Contract Type
Loan
Water District
17
County
Crowley
Bill Number
HCL
Loan Projects - Doc Type
Contract Documents
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<br />and local laws and regulations that are in effect or may hereafter be established throughout the <br />term of this contract. <br /> <br />15. No Discrimination Of Services. Subject to the terms of the BORROWER'S plan for augmentation, <br />its rules, regulations and operational guidelines, the services of said PROJECT shall be made <br />available within its capacity and in accordance with all pertinent statutes to all persons in the <br />BORROWER'S service area without discrimination as to race, color, religion, or national origin at <br />reasonable charges (including assessments or fees), whether for one or more classes of service, in <br />accordance with a schedule of such charges formally adopted by the BORROWER, as may be <br />modified from time to time. <br /> <br />B. The STATE agrees as follows: <br /> <br />1. Agreement To Loan Money. The STATE agrees to loan to the BORROWER up to $825,000 at an <br />effective interest rate of 3% NPV for a term of forty years. <br /> <br />2. Disbursements. The BORROWER shall request in writing the amount of loan funds needed for each <br />disbursement, including in the request the purpose for the disbursement and any supporting <br />documentation, such as engineering or legal invoices. Upon the STATE'S review and approval of <br />the request, the STATE shall disburse the approved amount to the BORROWER within twenty days of <br />its receipt of the written request. <br /> <br />3. Release of Escrow Account. Within ten days of its receipt of the BORROWER'S written notification <br />of the date of closing on the purchase of the Box Springs Water Rights and request for release of <br />the funds contained in the Escrow Account, the STATE shall execute releases of the Assignment of <br />Escrow Account and the Security Agreement encumbering the Escrow Account, and shall notify the <br />Escrow Agent of the CWCB's consent to the release of the escrowed funds to the Box Springs <br />Sellers. The effective date of said releases shall be the closing date. <br /> <br />4. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal and <br />any accrued interest as specified in the promissory note, the STATE agrees to execute releases of <br />the deed of trust, the security agreements and the Assignment of Deposit Account as Security to <br />convey to the BORROWER all of the STATE'S right, title, and interest in and to the security provided <br />for this loan, to file a UCC-3 form with the Secretary of State to terminate all of the STATE'S rights in <br />and to the security provided for this loan, and to release to the BORROWER any unused funds <br />contained in the CD ACCOUNT. <br /> <br />C. The STATE and the BORROWER mutually agree as follows: <br /> <br />1. Designated Agent Of The STATE. The CWCB, which includes its agents and employees, is <br />hereby designated 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 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 <br />contemplated by this contract is that of lender-borrower, not employer-employee. No agent, <br />employee, or servant of the BORROWER shall be, or shall be deemed to be, an employee, agent, or <br />servant of the STATE. The BORROWER shall be solely and entirely responsible for its acts and the <br />acts of its agents, employees, servants, engineering firms, construction firms, ~nd subcontractors <br />during the performance of this contract. <br /> <br />4. Complete Integration Of All Understandings. This agreement is intended as the complete <br />integration of all understandings between the parties. No prior or contemporaneous addition, <br />deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied <br />herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto <br />shall have any force or effect unless embodied in a written contract executed and approved <br /> <br />The Horse Creek Water Users Association <br /> <br />Page 7 of 11 <br /> <br />Loan Contract <br />
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