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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-XXXX-XXX <br /> provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the <br /> Recipient on the date of execution and delivery of this Agreement without further action on the part of the <br /> Recipient or the State Water Board. The State Water Board's disbursement of funds hereunder is <br /> contingent on the Recipient's compliance with the terms and conditions of this Agreement. <br /> 3.2 Amounts Payable by the Recipient. <br /> (a) Installment Payments. The Recipient's obligations under this Agreement shall be secured by <br /> and payable solely from Net Revenues. Repayment of the Project Funds, together with all <br /> interest accruing thereon, shall be repaid in annual installments commencing on the date that is <br /> one(1) year after Completion of Construction, and shall be fully amortized by the date specified <br /> in Exhibit B. /� <br /> f, <br /> The Installment Payments are based on a standard fully amortized assistance amount with <br /> equal annual payments. The remaining balance is,the previous balance, plus the disbursements, <br /> plus the accrued interest on both, less the InstallmentPayment- Installment calculations will be <br /> made beginning one (1)year after Completion'of tonstructiori and:shall be fully amortized not <br /> later than the date specified in Exhibit B. Ezhibit'C is a payment'schedule based on the <br /> provisions of this article and an estimated disbursement schedule. 'Actual payments will be <br /> based on actual disbursements. <br /> Upon Completion of Construction and submission of necessary reports by the Recipient, the <br /> Division will prepare an appropriate.payment schedule and supply the same fettle Recipient. <br /> The Division may amend this Schedule-as necessary\to accurately reflect amounts due under <br /> this Agreement. The Division will prepare-any necessary-amendments to the payment schedule <br /> and send them to the Recipient. <br /> The Recipient agrees to make each installment payment-on or before the due date therefor. A ten <br /> (10)day graceeperiod wilt be allowed, after which time a penalty in the amount of costs incurred to <br /> the State Water•Board will be assessed for late payment. These costs may include, but are not <br /> limited to, lost interest earnings, staff time, bond debt service default penalties, if any, and other <br /> costs incurred. Fot purposesof penalty assessment, payment will be deemed to have been <br /> made if payment is deposited in the UeS. Mail within the grace period with postage prepaid and <br /> properly.addres'sed. Any,penalties assessed will'not be added to the assistance amount balance, <br /> ,'but will be treated:es, separate account and `obligation of the Recipient. The interest penalty will <br /> be'assessed from the payment due date. <br /> TheRecipient as a whole is.obligated to make all payments required by this Agreement to the <br /> • <br /> State Water Board, notwithstanding any individual default by its constituents or others in the <br /> payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges ("Charges") <br /> levied or imposed by the Recipient. The Recipient shall provide for the punctual payment to the <br /> State Water Board of all amounts which become due under this Agreement and which are <br /> received from constituents or others in the payment to the Recipient. In the event of failure, <br /> neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge to <br /> provide payment by tlie'Recipient under this Agreement, to enforce or to collect such Charge, or <br /> to pay over to the State Water Board any money collected on account of such Charge necessary <br /> to satisfy any amount due under this Agreement, the State Water Board may take such action in <br /> a court of competent jurisdiction as it deems necessary to compel the performance of all duties <br /> relating to the imposition or levying and collection of any of such Charges and the payment of the <br /> money collected therefrom to the State Water Board. Action taken pursuant hereto shall not <br /> deprive the State Water Board of, or limit the application of, any other remedy provided by law or <br /> by this Agreement. <br /> Each Installment Payment shall be paid by check and in lawful money of the United States of <br /> America. <br /> 11 <br />
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