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<br />, <br /> <br />l <br /> <br />1, Preparation Of Feasibility Study. The BORROWER shall have the STUDY prepared on the <br />PROJECT in accordance with a scope of work prepared by the BORROWER'S consulting engineer, <br />Steve Harris, P,E, The STATE has reviewed and approved said scope of work, which is attached <br />hereto as Appendix A and incorporated herein, <br /> <br />2_ Reports. The BORROWER shall provide the STATE with monthly reports on the progress of study <br />activities and two (2) copies of the final report of the STUDY, prepared in compliance with the <br />scope of work, within two (2) years of the date of this contract unless the STATE agrees in writing <br />to an extension of such time, <br /> <br />3. Disbursement Of Loan Funds. The STATE shall loan funds to the BORROWER to pay for the <br />costs associated with preparing the STUDY, up to a maximum amount of $75,000, not to exceed <br />50% of the study costs, in the following manner: <br /> <br />a, Statement Of Costs. During the preparation of the STUDY, the BORROWER shall prepare <br />statements of the costs of the feasibility study and shall forward such statements to the . <br />STATE, Each statement shall indicate the tasks that have been performed and the <br />percentage completion of each task by task number as specified in Appendix A, <br /> <br />b, Payment Of Statements. Upon receipt and approval by the STATE of each such statement <br />of costs, the STATE shall, within 30 days from the approval of such statement. pay to the <br />BORROWER up to 50% of the actual study costs or such portion of the statement as has been <br />approved by the STATE, <br /> <br />4. DISTRICT'S and BORROWER'S Authority To Contract. The DISTRICT and the BORROWER warrant <br />that both the Board of Directors of the DISTRICT and the governing body of the BORROWER have <br />complied with the order establishing the DISTRICT UNDER 937-45-112 and all statutory and other <br />legal requirements and duly passed resolutions that constitute legal actions of the DISTRICT and <br />the BORROWER and are irrepealable for the term of this loan contract, authorizing: <br /> <br />a, The DISTRICT and the BORROWER to enter into and comply with the terms of this contract and <br />the Promissory Note, and <br /> <br />b, The BORROWER to make annual payments in accordance with the Promissory Note, and <br /> <br />c, The DISTRICT and/or the BORROWER to obtain five (5) certificates of deposit each in the <br />amount of one annual loan payment ($16,611,10) as security for the loan, and <br /> <br />d, The BORROWER to repay this loan to the STATE, <br /> <br />Said resolutions are attached hereto as Appendix B and incorporated herein, <br /> <br />5. Attorney's Opinion Letter. Prior to the execution of this contract by the STATE. the DISTRICT <br />and the BORROWER shall submit to the STATE a letter from their attorney stating that it is the <br />attorney's opinion that the persons signing for the DISTRICT and the BORROWER were duly elected <br />or appointed and have authority to sign such documents on behalf of the DISTRICT and the <br />BORROWER and to bind the DISTRICT and the BORROWER; that the Board of Directors of the <br />DISTRICT and the governing body of the BORROWER have validly adopted resolutions approving <br />the execution and delivery of this contract; that there are no provisions in the Colorado <br />Constitution, any state or local ,law, or the DISTRICT'S decree of incorporation that prevent this <br />contract from binding the DISTRICT and the BORROWER; and that this contract will be valid and <br />binding against the DISTRICT and the BORROWER if entered into by the STATE, <br /> <br />6. Promissory Note Provisions. The Promissory Note setting forth the terms of repayment of this <br />loan in the amount of up to $75,000 at an interest rate of 3,5% per annum for a term of 5 years <br /> <br />Feasibility Report Loan Contract <br /> <br />Page 2 of 8 <br />