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PROJC01041
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PROJC01041
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Entry Properties
Last modified
7/14/2010 12:58:00 PM
Creation date
10/6/2006 12:17:14 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153592
Contractor Name
West Divide Water Conservancy District
Contract Type
Loan
Water District
0
County
Garfield
Bill Number
SB 89-85
Loan Projects - Doc Type
Contract Documents
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<br />~'~. <br /> <br />00 <br /> <br />. <br /> <br />H. In its 601e discretion, the State may at any time and in' <br />writing give any consent. deferment. subordination. release, <br />satisractlon. or termination of any or all of the Contractor's <br />Obligations under this agreement. with or without valuable <br />consideration. upon sllch terms and conditions as the State may <br />determine to be: (a) advisable to Curther the purposes o( this <br />contract or to protect the State's financial interest therein. <br />and (b) consistent with both the statutory purposes o( this <br />contract and the limitations of the statutory authority under <br />Wllich it is made. <br /> <br />I. Upon completion of repayment to the State in the amount of <br />One Hundred Thirty-Six Thousand six Hundred Five Dollars <br />($136.605) as set forth in paragraph A.13. above of this <br />contract. the State agrees to convey to the Contractor all of <br />the State's right. title. and interest in and to the project <br />and any other property deSc[ibed"in pa-F_?graph A.14. above by <br />deed or other proper conveyan~e. \ <br />, <br />J. The Colorado watei:"conservatibn.Boaql. its agents and <br />employees. is hereby designated as, ,~,he,(agent of the State for <br />the purpose of this contract. '., " ):..".:;.,./ <br />. .' );"i"'.-' <br />\ , -.. <br />K. The Contractor ag,rees' 'a'nd understands that sections <br />37-60-119 thrp~gh J7~60,122. CRS, as amended. require that the <br />loan of money' by the State to the Contractor (or this water <br />project be conditioned upon the repayment o[ the loan to the <br />State. The Contractor her.eby agr~SaAAtake any and all <br />actions necessary to guar~ntee su ~Va~nt as provided <br />herein inCluding. without being limi ed~~,t6::(~/}.e actions <br />speeiried in this contract. I't/fr' " ~f! <br /> <br />L. The Contractor agrees tha~C~ spe~~~ re~Jnues to be <br />pledged to repay the State shall''tGll'').ude, w'thout being limited <br />to. an assessment levied [or that PU~~9.5~ as authorized by <br />Resolution of the Contractor, The Contra'l(,tor hereby pledges <br />such assessment revenues to repay the Stat~'}oan. warrants that <br />these revenues will not be used for any other" purpose. and <br />agrees to provide the State a perfected security interest in <br />the (orm provided by the State irrevocably pledging such <br />revenues on the date o( execution o[ this contract. <br /> <br />M. The Contractor warrants that it has duly passed a <br />Resolution by its Board oC Directors authorizing: the <br />Contractor to enter into this contract with the State to borrow <br />,the principal sum o[ Seventy Thousand Dollars ($70.000): to <br />'make and levy aRsessment(s) sufficient to pay off this contract <br />"loan pursuant to its ter.ms and to discharge this lawful <br />.indebtedness; to Get aside this assessment revenue in a special <br />fund separate and apart from other Contractor revenues to <br />assure repayment o( this revenue to the State; and to.sign a <br />security interest in such assessment revenues in favor of the <br />State to secur~ the repayment; and setting forth the opinion of <br />the Board of Directors that. pursuant to sQction 37-45-139. <br />Colorado Hevised Statutes (1908 Supplement). the annual <br />Obligation created by the contracting o[ this loan debt o( One <br />Hundred Thirty-Six Thousand Six Hundred five Dollars ($136.605) <br />will not require a greater annual expenditure than the annual <br />income and revenue that the district is estimated to permit. <br />and therefore SUbmission o( the proposition of incurring such <br />debt to the electors o( the district is not required, The <br />Resolution of the Contractor and the security interest oC the <br />Contractor are conditions precedent to State performance and <br />are attached hereto as Kxhibits A. C and D. <br /> <br />N. The Contractor warrants that in the event of a default by <br />the Contractor in the repayment to the State. and upon written <br />notice thereof trom the State. the Contractor shall immediately <br />take all necessary actions to levy an additional assessment and <br />additional revenues in a sufficient amount and in a timely <br /> <br />Page I oC 10 pages <br />
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