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C150243 Contract
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C150243 Contract
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Last modified
6/17/2015 11:57:12 AM
Creation date
7/21/2010 1:02:44 PM
Metadata
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Loan Projects
Contract/PO #
C150243
Contractor Name
Aurora, City of
Contract Type
Loan
Water District
0
County
Adams
Bill Number
SB 07-122
Loan Projects - Doc Type
Contract Documents
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, Y z <br />, ,r <br />parties agree to amend this Contract, including its appendices where necessary, to <br />revise the LOAN AMOUNT. <br />5. Interest Prior to PRO�ecT Completion. As the Loan funds are disbursed by the <br />CWCB t0 thG' BORROWER, interest shall accrue at the rate stated in Appendix 1. The <br />CWCB shall calculate the amount of the interest that aCCrued prior to PROJECT's <br />substantial completion (as determined by the CWCB) and notify BoRROwER of such <br />amount. The BoRROwER shall repay that amount to the CWCB either within ten (10) <br />days from the date of notification from the CWCB, or, at the BoRROwER's discretion, <br />said interest shall be deducted from the final disbursement of loan funds that the <br />CWCB makes to the BORROWER, to the extent not previously paid by the BoRROwER. <br />6. Documents Prior to Contract Execution. Prior to the execution of this Contract by <br />the CWCB, the Borrower shall submit the signed Promissory Note, the signed 2007 <br />CWCB Ordinance, certificates of insurance, and the Attorney's Opinion Letter. <br />7. Attorney's Opinion Letter. The BoRROwER shall submit to the CWCB a letter from <br />BORROWER's bond counsel stating that it is the attorney's opinion that <br />� <br />a. this Contract has been duly executed by officers of the BoRROwER who are duly <br />elected or appointed and are authorized to execute the Contract and to bind the <br />BORROWER; <br />b. the resolutions <br />delivery of this <br />BORROWER; <br />or ordinances of the BORROWER authorizing the execution and <br />Contract were duly adopted by the governing body of the <br />c. there are no provisions in the Colorado Constitution or any other state or local law <br />that prevent this Contract from binding the BoRROwER; <br />d. this Contract will be valid, binding and enforceable against the BORROWER in <br />accordance with its terms if entered into by the CWCB before December 31, 2007. <br />Pledge of revenues. The BoRROwER irrevocably pledges to the CWCB, for purposes <br />of repayment of the Loan, the Net Pledged Revenues, as defined in Article 1 of the <br />General Urdinance, but only to the extent and in the order of priority provided in the <br />General Ordinance and the 2007 CWCB Series Ordinance, in an amount sufficient to <br />pay the Debt Service Requirements of the Loan. <br />a. The Loan, as to all Debt Service Requirements thereof, shall be payable solely <br />out of the Net Pledged Revenues. The CWCB may not look to the general fund <br />or any other fund of the City for the payment of the Debt Service Requirements, <br />except the special funds and accounts pledged therefore. The Loan shall not <br />constitute a debt or indebtedness or multiple-fiscal year debt or other financial <br />obligation of the City within the meaning of any constitutional, Charter or statutory <br />limitation, and the Loan shall not be considered or held to be a general obligation <br />of the City, but shall constitute the special and limited obligation of the City, acting <br />by and through the Enterprise. The Loan is not payable in whole or in part from <br />the proceeds of general property taxes or any other form of taxation, and the full <br />faith and credit of the City is not pledged for payment of the Loan. <br />Loan Contract C150243 <br />Page 4 of 15 <br />
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