CT2019-2792 Contract

• Contract/PO #: CT2019-2792
• Contractor Name: Arabian Acres Metropolitan District
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

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A. "Base Loan Amount"means the amount disbursed to the Borrower,which does not include
the one percent(1%) Loan Origination Fee.
B. "Breach of Contract" means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorga zation or similar law,
by or against Borrower, or the appointment of a receiver or similar o ficer for Borrower or
any of its property,which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. If Borrower is debarr d or suspended under
§24-109-105, C.R.S. at any time during the term of this Contract, t en such debarment or
suspension shall constitute a breach.
C. "Business Day"means any day other than Saturday, Sunday, or a Legal Holiday as listed in
§24-11-101(1), C.R.S.
D. "Contract" means this agreement, including all attached Appendices, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
E. "Contract Funds"means the funds that have been appropriated,designated,encumbered,or
otherwise made available for payment by the State under this Contract.
F. "CORA"means the Colorado Open Records Act, §§24-72-200.1,et. eq., C.R.S.
G. "Incident"means any accidental or deliberate event that results in or c nstitutes an imminent
threat of the unauthorized access, loss, disclosure, modification,disru tion, or destruction of
any communications or information resources of the State,which are ncluded as part of the
Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents inclu e, without limitation,
(i) successful attempts to gain unauthorized access to a State syste or State Information
regardless of where such information is located;(ii)unwanted disrupti n or denial of service;
(iii) the unauthorized use of a State system for the processing or s orage of data; or (iv)
changes to State system hardware, firmware, or software characterist cs without the State's
knowledge, instruction, or consent.
H. "Loan Effective Date"means the date on which this Contract is appr ved and signed by the
Colorado State Controller or designee, as shown on the Signature Pag for this Contract.
I. "Loan Origination Fee" means CWCB's Origination Fee of one per ent(1%),added to the
Base Loan Amount in accordance with CWCB Policy No. 16, resulting in the Total Loan
Atnount shown on the Cover page of this Contract.
J. "Parity Indebtedness"means any existing parity debt and additional indebtedness that may
be secured in the future.
K. "Party"means the State or Borrower, and"Parties"means both the tate and Borrower.
L. "Pledged Revenues" means the revenues that consist solely of the Borrower's revenues
pledged for repayment of this loan, as defined in the Resolution and s t forth in the Security
Agreement.
M. "Project Extension Terms-State Option" means the time period defined in§2.D.
N. "Project Term" means the time period defined in§2.B.
O. "Promissory Note" means the document issued to secure repayment f this loan.
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