C150243 Contract

• 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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a. At its January 2006 meeting, the CWCB approved a loan from the Construction Fund to
the BoRROwER in an amount up to $75,750,000 f01' PROJECT COStS, not to exceed 90% of
the cost of the PRO�ECT, including a loan origination fee of 1% of the amount of funds
disbursed for PRO�ECT costs in accordance with CWCB Policy No. 16, at an interest rate
of 3.75% per annum for a repayment term of 30 years.
b. Pursuant to Bill 07-122, the Colorado General Assembly authorized CWCB to loan
to the BoRROwER an amount up to $75,750,000 for the PRO�ECT.
7. Borrower has several outstanding long-term debts through its Utility Enterprise,
governed by its General Ordinance and applicable Series Ordinances, attached hereto
as Appendices 3-5.
8. This Contract and the Promissory Note issued hereunder were authorized by the City
pursuant to City Ordinance No. 2003-18, as amended by Ordinance 2003-70
(collectively, the "General Ordinance"), attached hereto as Appendix 3, and
Ordinance No. 2007-30 (the "2007 CWCB Series Ordinance"), attached hereto as
Appendix 5.
9. The CWCB accepts the provisions of Borrower's General Ordinance and applicable
Series Ordinances which govern the Water Fund, as defined in the General
Ordinance, and its existing debt. This loan shall receive a second-lien priority on the
Water Fund's net revenues that will be on parity with existing and future second-lien
revenue obligations.
10. The CWCB desires to make a loan (the "Loan") to the Borrower for the Project upon
the terms and conditions stated herein.
11. This Contract is an intergovernmental contract and shall be so construed under the
Special Provisions provided herein.
DEFINITIONS
Capitalized terms used in this Loan Contract shall have the respective meanings
specified in the Factual Recitals hereto or in the General Ordinance. In addition, the
following terms shall have the following respective meanings:
1. "Construction Documents" means any construction contracts, construction
specifications, design specifications, and design plans.
2. "Debt Service Requirements" means the Debt Service Requirements of the Loan.
3. "Engineering Consultant" means Borrower's representative or employee responsible
for the creation of the Construction bocuments.
4. "Substantial Completion" means completion of the Project such that no further
disbursements of funds are necessary and the total disbursement amount is finalized
for repayment of the Loan. Loan repayment begins one year after the Substantial
Completion date.
Loan Contract C150243
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