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CT2017-917 Contract
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CT2017-917 Contract
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Last modified
9/13/2016 8:25:16 AM
Creation date
7/28/2016 3:25:09 PM
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Loan Projects
Contract/PO #
CT2017-917
Contractor Name
Lamar, City of
Contract Type
Grant/Loan Combo
Loan Projects - Doc Type
Contract Documents
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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, <br /> convey, assign, grant, transfer, mortgage, pledge, encumber, or otherwise dispose <br /> of the PLEDGED REVENUES, so long as any of the principal, accrued interest, and <br /> late charges, if any, on this loan remain unpaid, without the prior written <br /> concurrence of the CWCB. <br /> 10.Release After Loan Is Repaid. Upon complete repayment to the CWCB of the <br /> entire principal, all accrued interest, and late charges, if any, as specified in the <br /> Promissory Note, the CWCB agrees to release and terminate any and all of the <br /> CWCB's right, title, and interest in and to the PLEDGED REVENUES. <br /> 11.Warranties. <br /> a. The BORROWER warrants that, by acceptance of the loan under this CONTRACT and <br /> by its representations herein, the BORROWER shall be estopped from asserting for <br /> any reason that it is not authorized or obligated to repay the loan to the CWCB as <br /> required by this CONTRACT. <br /> b. The BORROWER warrants that it has not employed or retained any company or <br /> person, other than a bona fide employee working solely for the BORROWER, to <br /> solicit or secure this CONTRACT and has not paid or agreed to pay any person, <br /> company, corporation, individual, or firm, other than a bona fide employee, any fee, <br /> commission, percentage, gift, or other consideration contingent upon or resulting <br /> from the award or the making of this CONTRACT. <br /> c. The BORROWER warrants that the PLEDGED REVENUES and COLLATERAL for this <br /> loan are not encumbered by any other deeds of trust or liens of any party other <br /> than the CWCB or in any other manner, except for any existing lien(s) identified in <br /> Section 5 (Schedule of Existing Debt) of the PROJECT SUMMARY, which sets forth <br /> the position of the lien created by this CONTRACT in relation to any existing lien(s). <br /> 12.Remedies for Default. Upon default in the payments to be made by the BORROWER <br /> under this CONTRACT, or default in the performance of any covenant or agreement <br /> contained herein, the CWCB, at its option, may: <br /> a. suspend this CONTRACT and withhold further loan disbursements pending corrective <br /> Page 5 of 12 <br />
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