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C153664 Contract
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C153664 Contract
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Last modified
11/5/2009 9:26:16 AM
Creation date
10/6/2006 12:25:52 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153664
Contractor Name
Fort Lupton, City of & Fort Lupton Water Utility Enterprise
Contract Type
Loan
Water District
1
County
Weld
Bill Number
HB 93-1273
Loan Projects - Doc Type
Contract Documents
Supplemental fields
Water Division
1
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<br />The Borrower hereby states and affirms that the revenues <br />from water user charges and fees which it will establish for use of <br />/ the water made available as a result of its participation in the <br />\,;)\;:/ I Project shall provide for the generation of sufficient revenues <br />I for: <br /> <br />Ie-- <br />I <br />, <br /> <br />a. payment of the management, operation <br />maintenance obligations of the Borrower in the Project as are <br />fully set forth in the Allotment Contract; and <br /> <br />and <br />more <br /> <br />I'; \ <br />I <br />I <br />I <br />! <br />~ 9. During the term of this Contract, in the event that <br />water user charges and fees are or become insufficient to assure <br />repayment of the loans as required by the terms of this Contract, <br />the Borrower shall immediately take all necessary actions, <br />including but not limited to making such modifications to the rate <br />schedule as the Borrower deems necessary to efficiently and <br />economically raise sufficient revenue to assure repayment of the <br />project loans to the State and to provide for the financial <br />requirements for participation in the Project. <br /> <br />b. <br /> <br />repayment of the loan covered by this Contract. <br /> <br />The Borrower agrees that pursuant to its statutory <br />authority, it shall adjust its revenues from water user charges and <br />fees from time to time as necessary and at the request of the State <br />to provide for adequate management, operation and maintenance, <br />emergency repair services, obsolescence reserves for the Project, <br />and to assure its ability to make repayment of the loan under this <br />Contract. <br /> <br />10. The Borrower warrants that in the event of a default <br />by the Borrower in the repayment of its obligations hereunder to <br />the State, and upon written notice thereof from the State, the <br />Borrower shall immediately take all necessary actions to establish <br />additional water user charges and fees and to pledge additional <br />revenues therefrom in a sufficient amount and in a timely manner to <br />cure the default and to repay the State as required by the <br />Contract. Such additional revenue shall be deemed covered by the <br />existing security interest. If the Borrower fails or refuses to <br />raise its water user charges and fees within 60 days of receipt of <br />such notice from the State, the Borrower shall be considered in <br />default under this provision, and the State shall be entitled to <br />all remedies provided for in paragraph C herein. <br /> <br />11. Without expense to the State, the Borrower shall <br />duly and promptly comply with all terms of the Allotment Contract, <br />including without limitation those terms relating to the Borrower's <br />payment of charges and costs due thereunder. The Borrower agrees <br />to indemnify and hold the State harmless from any liability as a <br />result of the State's security interest in the Southern Water <br />Supply Project. In addition, if at any time, during the term of <br />this Contract, (a) the Southern Water Supply Project facilities, or <br />any portion thereof, are damaged or destroyed, in whole or in part, <br />by fire or other casualty, or (b) title to or use of the Project <br />facilities, or any part thereof, shall be taken under the exercise <br /> <br />Page 7 of 12 pages <br />
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