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PROJC01357
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PROJC01357
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Last modified
5/28/2013 8:43:26 AM
Creation date
10/6/2006 12:21:30 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153730
Contractor Name
Bravo Ditch Company
Contract Type
Loan
Water District
64
County
Logan
Bill Number
SPL
Loan Projects - Doc Type
Contract Documents
Supplemental fields
Water Division
1
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<br />," <br /> <br />\' <br /> <br />as required by the terms and conditions of this contract, then the BORROWER shall immediately take <br />all necessary action consistent with its statutory authority, its articles of incorporation, by-laws <br />and resolutions, including but not limited to, levying additional assessments to raise sufficient <br />revenue to assure repayment of the loan to the STATE. <br /> <br />d. Assessments for operations, maintenance and reserves. The BORROWER shall, pursuant to its <br />statutory authority, articles of incorporation, by-laws, and resolutions, levy assessments from time <br />to time as necessary to provide sufficient funds for adequate operation and maintenance, <br />emergency repair services, obsolescence reserves and debt reserves. BORROWER shall deposit an <br />amount equal to one-tenth of an annual payment into its reserve debt service fund on an annual <br />basis for the first ten years of this loan. <br /> <br />16. Progress reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a periodic <br />progress report which contains a statement of the PROJECT costs for that period and shall forward said <br />statement to the STATE. <br /> <br />17. Periodic inspections. Throughout the term of this contract, the BORROWER shall permit a <br />designated representative of the STATE to make periodic inspections of the PROJECT. Such inspections are <br />solely Tor the purpose of verifying compliance with the terms and conditions of this contract. <br />Furthermore, such inspections shall cover the condition of the PROJECT, operating records, maintenance <br />records, and financial records, and shall not be construed nor interpreted as an approval of the actual <br />design and/or construction of any element of the PROJECT facilities. <br /> <br />18. Adhere to applicable laws. The BORROWER shall strictly adhere to all applicable federal, state, and <br />local laws and regulations that are in effect or may hereafter be established throughout the term of this <br />contract. <br /> <br />19. No discrimination of services. The services of said PROJECT shall be made available within its <br />capacity and in accordance with all pertinent statutes, rules and regulatibns, and operational guidelines <br />to all persons in the BORROWER'S service area without discrimination as to race, color, religion, or national <br />origin at reasonable charges (including assessments or fees), whether for one or more classes of service, <br />in accordance with a schedule of such charges formally adopted by the BORROWER, as may be modified <br />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 an amount not to exceed <br />that specified in the Promissory Note Provisions of this contract. <br /> <br />2. Disbursements. After receipt of the periodic progress report from the BORROWER, and review and <br />acceptance of the items therein as eligible expenses as described below, the STATE will pay to the <br />BORROWER the amount set forth in the report or such portion that has been approved by the STATE. Such <br />payment shall be made within thirty (30) days from the STATE'S approval of each progress report. <br /> <br />3. Release after loan is repaid. Upon complete repayment to the STATE of the entire principal and any <br />accrued interest as specified in the promissory note provisions of this contract, the STATE agrees to <br />execute a UCC-3 form to terminate all of the STATE'S rights in and to the revenues pledged to repay this <br />loan. and to release to the BORROWER any unused funds contained in the CD ACCOUNT that are not needed <br />for the final loan payment. <br /> <br />Bravo Ditch Company <br /> <br />Page 7 of 1 1 <br /> <br />Loan Contract <br />
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