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Last modified
6/15/2011 8:55:29 AM
Creation date
2/9/2010 3:50:10 PM
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Loan Projects
Contract/PO #
C150274
Contractor Name
Yuma County Water Authority Public Improvement District
Contract Type
Loan
Water District
0
County
Yuma
Loan Projects - Doc Type
Contract Documents
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hereby pledged for the payment thereof. Pursuant to its statutory authority, the <br />election held within the District on November 4, 2008, and as permitted by law, <br />the BoRROwER shall cause to be levied on all of the taxable property within the <br />DISTRICT in addition to all other taxes, direct annual taxes in each of the years <br />2009 to 2028, inclusive, without limitation of rate and in amounts sufficient, when <br />combined with any other legally available moneys of the BoRROwER, to pay when <br />due the annual payment due under this contract. <br />d. Additional Debts or Bonds. The BORROWER shall not issue any other <br />indebtedness payable from the Pledged Revenues and having a lien thereon <br />which is superior to the lien of this loan. The BORROWER may issue parity debt <br />only with the prior written approval of the CWCB subject to the conditions listed in <br />subsection (i) and (ii) below; provided, however, that nothing herein shall be <br />construed as prohibiting or restricting the right of the BORROWER to incur <br />indebtedness payable from sources other than the Pledged Revenues, including <br />without limitation indebtedness payable from tax levies which are in addition to <br />the levy imposed pursuant to this contract, or to incur additional indebtedness in <br />the total aggregate principal amount permitted by the approving debt election held <br />within the DisTRicT on November 4, 2008. <br />i. The BORROWER is currently and at the time of the issuance of the <br />parity debt in substantial compliance with all of the obligations of this <br />contract, including, but not limited to, being current on the annuai <br />payments due under this contract and in the accumulation of all amounts <br />then required to be accumulated in the BORROWER'S debt service <br />reserve fund; <br />ii. The BORROWER provides to the CWCB a Parity Certificate from an <br />independent certified public accountant certifying that, based on an <br />analysis of the BORROWER'S revenues, for 12 consecutive months out <br />of the 18 months immediately preceding the date of issuanc� of such <br />parity debt, the BORROWER'S revenues are sufficient to pay its annual <br />operating and maintenance expenses, annual debt service on all <br />outstanding indebtedness having a lien on the pledged revenues, <br />including this loan, the annual debt service on the proposed <br />indebtedness to be issued, and all required deposits to any reserve <br />funds required by this contract or by the lender(s) of any indebtedness <br />having a lien on the pledged revenues. The analysis of revenues shall <br />be based on the BORROWER'S current rate structure or the rate <br />structure most recently adopted. No more than 10% of total revenues <br />may originate from tap and/or connection fees. <br />e. Annual Statement of Debt Coverage. Each year during the term of this contract, <br />the BoRROwER shall submit to the CWCB an annual audit report and a certificate of <br />debt service coverage from a Certified Public Accountant. <br />Loan Contract C150274 <br />Page 4 of 11 <br />1236811 \1216151.7 <br />
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