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C150377 Contract
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C150377 Contract
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Last modified
2/18/2015 2:46:39 PM
Creation date
12/9/2013 2:51:00 PM
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Loan Projects
Contract/PO #
CT2015-014
C150377
Contractor Name
Church Ditch Water Authority
Contract Type
Loan
Water District
7
County
Jefferson
Loan Projects - Doc Type
Contract Documents
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repayment of the loan, the BORROWER shall replenish the account within ninety <br /> (90) days of withdrawal of the funds. <br /> e. Additional Debts or Bonds. The BORROWER shall not issue any additional <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, provided that: <br /> i. The BORROWER is currently and at the time of the issuance of the parity debt <br /> in substantial compliance with all of the obligations of this CONTRACT, <br /> including, but not limited to, being current on the annual payments due under <br /> this CONTRACT and in the accumulation of all amounts then required to be <br /> accumulated in the BORROWER'S debt service 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 analysis of <br /> the BORROWER'S revenues, for 12 consecutive months out of the 18 months <br /> immediately preceding the date of issuance of such parity debt, the <br /> BORROWER'S revenues are sufficient to pay its annual operating and <br /> maintenance expenses, annual debt service on all outstanding indebtedness <br /> having a lien on the pledged revenues, including this loan, the annual debt <br /> service on the proposed indebtedness to be issued, and all required deposits <br /> to any reserve funds required by this CONTRACT or by the lender(s) of any <br /> indebtedness having a lien on the pledged revenues. The analysis of <br /> revenues shall be based on the BORROWER'S current rate structure or the rate <br /> structure most recently adopted. No more than 10% of total revenues may <br /> originate from tap and/or connection fees. <br /> The BORROWER acknowledges and understands that any request for approval of <br /> the issuance of additional debt must be reviewed and approved by the CWCB <br /> Director prior to the issuance of any additional debt. <br /> f. Annual Statement of Debt Coverage. Each year during the term of this <br /> CONTRACT, the BORROWER shall submit to the CWCB an annual audit report and a <br /> certificate of debt service coverage from a Certified Public Accountant. <br /> 9. Pledged Revenues During Loan Repayment. The BORROWER shall not sell, convey, <br /> assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose of the <br /> PLEDGED REVENUES, so long as any of the principal, accrued interest, and late <br /> charges, if any, on this loan remain unpaid, without the prior written concurrence of <br /> the CWCB. <br /> 10. Release After Loan Is Repaid. Upon complete repayment to the CWCB of the entire <br /> principal, all accrued interest, and late charges, if any, as specified in the PROMISSORY <br /> NOTE, the CWCB agrees to release and terminate any and all of the CWCB's right, title, <br /> and interest in and to the PLEDGED REVENUES. <br /> Loan Contract C150377 <br /> Page 4 of 12 <br />
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