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AGENDA REPORTS
City of Pleasanton
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CITY CLERK
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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-X)00(-XXX <br /> operations by Recipient, termination of Recipient's existence, insolvency of Recipient, or filing of a <br /> voluntary or involuntary bankruptcy petition by or on behalf of Recipient. <br /> "Material Obligations" means all obligations of the Recipient payable from Revenues as identified as of <br /> the date of this Agreement in Exhibit F, this Obligation, and such additional obligations as may hereafter <br /> be issued in accordance with the provisions of such obligations and this Agreement. <br /> "Net Revenues"means, for any Fiscal Year, all Revenues received by the Recipient less the Operations <br /> and Maintenance Costs for such Fiscal Year. <br /> "Obligation" means the obligation of the Recipient to make InstallmentPayments and Additional <br /> Payments as provided herein, as evidenced by the execution of this'Agreement, proceeds of such <br /> obligations being used to fund the Project as specified in the Project Description attached hereto as Exhibit A <br /> and Exhibit A-FBA and in the documents thereby incorporated Os/reference. <br /> "Operations and Maintenance Costs" means the reasonable.annecessary costs paid or incurred by the <br /> Recipient for maintaining and operating the System, determined in accordance with generally accepted <br /> accounting principles, including all reasonable expenses,of management and repair and all other <br /> expenses necessary to maintain and preserve the System in good repair and working order, and <br /> including all reasonable and necessary administrative bests of the Recipient that.,are.charged directly or <br /> apportioned to the operation of the System, such as satades and wages of employees,overhead, taxes (if <br /> any), the cost of permits, licenses, and charges to operatethe System and insurance-premiums; but <br /> excluding, in all cases depreciation, replacement, and obsolescence charges or reserves-therefor and <br /> amortization of intangibles. <br /> "Policy" means the State Water Board's policy'for implementing the CWSRF program, as amended from <br /> time to time. ��� <br /> "Project" means the Project.fi`nanced by this Agreement/as describe`d•in Exhibit A and in the documents <br /> incorporated by reference herein. \ \ !, <br /> • <br /> "Project Completion" means,the.date; as'determined•by the Division after consultation with the Recipient, <br /> that operation-cif the Rroject is,initiated or-is capable ofbemg initiated, whichever comes first. <br /> �`. ti. " `., ) <br /> "Project Costs" means the iirrtcurred.costs of the Recipient which are eligible for financial assistance from <br /> the CWS,RF,under the federal'Glean Water.Act and the State Act, which are allowable costs as defined <br /> under the'P.olicy, and which are reasonable;necessary and allocable by the Recipient to the Project <br /> under generally accepted accounting principles,plus capitalized interest. <br /> "Project Funds" means funds disbursed by the State Water Board to the Recipient for purposes of this <br /> Agreement. <br /> "Recipient" means the recipient of Project Funds, as identified on the front page of this Agreement. <br /> "Revenues"means, for each Fiscal Year, all gross income and revenue received or receivable by the <br /> Recipient from the ownership or operation of the Recipient's Water Enterprise, determined in accordance <br /> with generally accepted accounting principles, including all rates, fees, and charges (including connection <br /> fees and charges)as received by the Recipient for the services of the Water Enterprise, and all other <br /> income and revenue howsoever derived by the Recipient from the ownership or operation of the Water <br /> Enterprise or arising from the Water Enterprise, including all income from the deposit or investment of any <br /> money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient's <br /> behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of <br /> construction. <br /> 3 <br />
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