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PROJC00816
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PROJC00816
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Last modified
4/26/2011 10:12:17 AM
Creation date
10/6/2006 12:14:20 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C150026
Contractor Name
Ute Water Conservancy District
Contract Type
Loan
Water District
72
County
Mesa
Bill Number
SB 99-173
Loan Projects - Doc Type
Contract Documents
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<br />maintain adequate .debt service reserves, including obtaining voter approval, if necessary, <br />of increases in the BORROWER'S water user fees. <br /> <br />d. Debt Service Reserve Account. Within fifteen working days after the effective date of <br />this contract, the BORROWER shall deposit an amount equal to one annual loan payment <br />into its debt service reserve account. In the event that the Borrower applies funds from this <br />account to repayment of the loan, the Borrower shall replenish the account within ninety (90) <br />days of withdrawal of the funds. <br /> <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 /> <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 /> <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 its <br />annual operating and maintenance expenses, annual debt service on all outstanding <br />indebtedness having a lien on the pledged revenues, including this loan, the annual <br />debt service on the proposed indebtedness to be issued, and all required deposits to <br />any reserve funds required by this contract or by the lender(s) of any indebtedness <br />having a lien on the pledged revenues. The analysis of revenues shall be based on <br />the BORROWER'S current rate structure or the rate structure most recently adopted. No <br />more than 10% of total revenues may originate from tap and/or connection fees. <br /> <br />The BORROWER acknowledges and understands that any request for approval of the issuance <br />of additional debt must be reviewed and approved by the CWCB Executive Director prior to the <br />issuance of any additional debt. <br /> <br />12. Annual Statement of Debt Coverage. Each year during the term of this contract, the <br />BORROWER shall submit to the STATE an annual audit report and a certificate of debt service <br />coverage from a Certified Public Accountant. <br /> <br />13. Security during repayment. The BORROWER shall not convey, assign, grant, transfer, <br />mortgage, pledge, encumber, or otherwise dispose of the revenues pledged herein to repay this <br />loan, so long as any of the principal, accrued interest, and late charges, if any, on this loan <br />remain unpaid, without the prior written concurrence of the STATE. In the event of any such <br />transfer or encumbrance without the STATE'S written concurrence, the STATE may at any time <br />thereafter declare all outstanding principal and interest on this loan immediately due and <br />payable. <br /> <br />14. Remedies for default. Upon default in the payments herein set forth to be made by the <br />BORROWER, or default in the performance by the DISTRICT and/or the BORROWER of any covenant <br />or agreement contained herein, the STATE, at its option, may: <br /> <br />Ute Water Activity Enterprise and <br />Ute Water Conservancy District <br /> <br />Page 7 of 13 <br />
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