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C150081 Paid in Full Documents
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C150081 Paid in Full Documents
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Last modified
12/15/2017 12:14:43 PM
Creation date
12/15/2017 12:14:28 PM
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Loan Projects
Contract/PO #
C150081
Contractor Name
City of Victor
Contract Type
Loan
Loan Projects - Doc Type
Repayment Information
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to pay this loan as required by this contract and the promissory note, to cover all <br /> expenditures for operation and maintenance and emergency repair services, and to <br /> maintain adequate debt service reserves, including obtaining voter approval, if necessary, <br /> of increases in the BORROWER'S water user fees. <br /> d. Debt Service Reserve Account. To establish and maintain the debt service reserve <br /> account, the BORROWER shall deposit an amount equal to one-tenth of an annual payment <br /> into its debt service reserve fund on the due date of its first annual loan payment and <br /> annually thereafter for the first ten years of this loan. In the event that the BORROWER <br /> applies funds from this account to repayment of the loan, the BORROWER shall replenish <br /> the account within ninety (90) days of withdrawal of the funds. <br /> e. Additional Debts or Bonds. The BORROWER shall not issue any indebtedness payable <br /> from the pledged revenues and having a lien thereon which is superior to the lien of this <br /> loan. The BORROWER may issue parity debt only with the prior written approval of the <br /> STATE, provided that: <br /> i. The BORROWER is currently and at the time of the issuance of the parity debt in <br /> substantial compliance with all of the obligations of this contract, including, but not <br /> limited to, being current on the annual payments due under this contract and in the <br /> accumulation of all amounts then required to be accumulated in the BORROWER'S debt <br /> service reserve fund; <br /> ii. The BORROWER provides to the STATE a Parity Certificate from an independent <br /> certified public accountant certifying that, based on an analysis of the BORROWER'S <br /> revenues, for 12 consecutive months out of the 18 months immediately preceding the <br /> date of issuance of such parity debt, the BORROWER'S revenues are sufficient to pay <br /> its annual operating and maintenance expenses, annual debt service on all <br /> outstanding indebtedness having a lien on the pledged revenues, including this loan, <br /> the annual debt service on the proposed indebtedness to be issued, and all required <br /> deposits 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 revenues shall <br /> be based on the BORROWER'S current rate structure or the rate structure most recently <br /> adopted. No more than 10% of total revenues may originate from tap and/or <br /> connection fees. <br /> The BORROWER acknowledges and understands that any request for approval of the <br /> issuance of additional debt must be reviewed and approw,ed -py lthp CWCB Executive <br /> Director prior to the issuance of any additional debt. <br /> f. Annual Statement of Debt Coverage. Each year during the term of this contract, the <br /> BORROWER shall submit to the STATE an annwal.audit reportand a certificate of debt <br /> d <br /> service coverage from a Certified Public Accountant's 4'R 7 <br /> r• <br /> 7. Collateral. The collateral for this loan is described in Profi t S uanm t5. gection 3. The <br /> BORROWER shall not sell, convey, assign, grant, transfer, mortgage, pledge, encumber, or <br /> otherwise dispose of the collateral for this loan, including the Pledged Revenues, so long as <br /> any of the principal, accrued interest, and late charges, if any, on this loan remain unpaid, <br /> without the prior written concurrence of the STATE. In the event of any such sale, transfer or <br /> encumbrance without the STATE'S written concurrence, the STATE may at any time thereafter <br /> declare all outstanding principal, interest, and late charges, if any, on this loan immediately <br /> due and payable. <br /> 8. Release After Loan Is Repaid. Upon complete repayment to the STATE of the entire principal, <br /> Page 3 of 11 <br />
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