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AGENDA REPORTS
City of Pleasanton
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2015
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062215SP
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AGENDA REPORTS
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8/18/2015 11:50:18 AM
Creation date
6/19/2015 11:11:35 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/22/2015
DESTRUCT DATE
15Y
DOCUMENT NO
AGENDA REPORT
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Name of Recipient <br /> Agreement No.: XX-XXX-550 <br /> Project No.: C-06-XXXX-XXX <br /> This Installment Sale Agreement, including all exhibits and attachments hereto, (Agreement) is dated as <br /> of the date set forth on the first page of this Agreement, by and between the State Water Resources <br /> Control Board, an administrative and regulatory agency of the State of California (State Water Board), <br /> and the local government entity identified on the first page of this Agreement, duly organized and existing <br /> under the laws of the State of California (Recipient): <br /> WITNESSETH: <br /> WHEREAS the United States of America, pursuant to Title VI of the federal Water Pollution Control Act as <br /> such has been and may be amended from time to time(Clean Water Act), requires each State to <br /> establish a water pollution control revolving fund to be administered byan instrumentality of the State as <br /> a condition to receipt of capitalization grants under the Clean WaterActi,and <br /> WHEREAS the State of California (State) has established a Clean Water State Revolving Fund (CWSRF) <br /> pursuant to Chapter 6.5 of Division 7 of the California WaterCode(State Act)to be used for purposes of <br /> the Clean Water Act; and <br /> / <br /> WHEREAS the State Water Board is the state agency authorized to administer the CWSRF and provide <br /> financial assistance from the CWSRF to recipients/for sthe construction of eligible'projects, as provided in <br /> the State Act; and <br /> �\ <br /> WHEREAS the State Water Board determines eligibility for GO/Bond.Proceeds, determihes eligibility for <br /> financial assistance from the CWSRF, pursuant to the Clean WaterAct and the State Act determines a <br /> reasonable schedule for financing and cpnstructionof such projects, determines compliance with the <br /> Clean Water Act, and establishes the ternis`andconditions of ail l applicable financing agreement; and <br /> vV N <br /> WHEREAS the Recipient has applied to the State Water.Beard for finnancial assistance from the CWSRF, <br /> for the purpose of financing or refinancing the Project described below, and*the State Water Board has <br /> reviewed and approved said application; and <br /> WHEREAS the Recipienthas,or will ncur costs incurred in connection with the planning, design, <br /> acquisition, construction, and iihstallation'ofthe Project described in Exhibit A and Exhibit A-FBA hereto; <br /> and �1 <br /> WHEREAS,on the basis of the Recipients application and the representations and warranties set forth <br /> herein,`the State Water Board proposes tb assist in financing the costs of the Project, and the Recipient <br /> desires toiparticipate as a recipient of financial assistance from the CWSRF and evidence its obligation to <br /> pay Installment Payments, which obligation wilfbe secured by Net Revenues, as defined herein, upon the <br /> terms and conditions set forth in this'Agreement, all pursuant to the Clean Water Act and the State Act; <br /> NOW, THEREFORE;.in•considerationiof the premises and of the mutual representations, covenants and <br /> agreements herein set forth„the State Water Board and the Recipient, each binding itself, its successors <br /> and assigns, do mutually promise, covenant and agree as follows: <br /> ARTICLE I DEFINITIONS <br /> 1.1 Definitions. <br /> Unless otherwise specified, each capitalized term used in this Agreement(including the Exhibits hereto) has <br /> the following meaning: <br /> "Additional Payments" means the Additional Payments described in Section 3.2(c) of this Agreement. <br /> 1 <br />
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