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Resolution 2020-83
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Resolution 2020-83
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Last modified
5/7/2024 3:12:04 PM
Creation date
10/30/2020 4:18:32 PM
Metadata
Fields
Template:
City Council Records
Also Known As (aka)
Windy Gap Firming Project Allotment Contract
Meeting Date
10/20/2020
Doc Type
Resolution
Ord/Res - Year
2020
Ord/Res - Number
83
Cross-Reference
NCWCD WGFP
Fully executed agreement was added on 1/14/2021 by LJ
Original Hardcopy Storage
9C5
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terms on Default and forfeiture under this Contract. Section 6 includes provisions <br />relating to Louisville's obligations to pay for the WGFP. <br />® PART III, "Provisions Applicable to Cash Allottees," consists of Section 7, which <br />includes provisions that apply to Louisville only to the extent that it satisfies all or a <br />portion of its Capital C&E Funding Obligations through Capital C&E Funding Cash <br />Payments, and then only for the term of any payments for Capital C&E using proceeds <br />from such Capital C&E Funding Cash Payments. <br />® PART IV, "Provisions Applicable to Loan Allottees," consists of Section 8, which <br />includes provisions that apply to Louisville only to the extent that it satisfies all or a <br />portion of its Capital C&E Funding Obligations through participation in a WGFP <br />Financing, and then only for the term of repayment of the WGFP Financing (including <br />any refinancing of the same) in which Louisville participates. The terms of Section 8 <br />are not in effect at such times as there is no outstanding WGFP Financing in which <br />Louisville participates. <br />The effective date and terms of each Section of this Contract are provided in Section 5.1. <br />AGREEMENT <br />THEREFORE, in consideration of the facts recited above and of the covenants, terms <br />and conditions set forth herein, the parties agree as follows: <br />PART I — CONTRACT DEFINITIONS <br />1. Definitions. The following definitions shall apply to this Contract unless expressly <br />modified herein. <br />1.1. "Acre-foot" means 43,560 cubic feet of water. <br />1.2. "Capital C&E Funding Cash Payment" means the payment by Louisville of any <br />Capital C&E Funding Obligations in cash to the WGFP Enterprise. <br />1.3. "Capital C&E Funding Obligations" means Louisville's pro rata obligation, <br />based on the WGFP Participation Percentages, to fund Capital C&E, which <br />obligation shall equal the product of the Capital C&E multiplied by Louisville's <br />WGFP Participation Percentage. For reference purposes, each WGFP Allottee's <br />Capital C&E Funding Obligation for Initial C&E pursuant to Section 6.2.1 is set <br />forth in Exhibit A opposite each WGFP Allottee's name, which exhibit the WGFP <br />Enterprise may update from time to time as needed. For reference purposes, the <br />amount of each WGFP Allottee's Capital C&E Funding Obligations for any <br />additional Capital C&E under Sections 6.2.2 and 6.2.3 will be set out in Exhibit B <br />(with separate tables for each additional Capital C&E), which exhibit the WGFP <br />Enterprise may update from time to time as needed. Louisville may fulfill its <br />Capital C&E Funding Obligations through Capital C&E Funding Cash Payments, <br />participation in a WGFP Financing, or a combination thereof. <br />1.4. "Carriage Contract" means that Amendatory Contract, 2014 Contract <br />No. 15XX650003, entered into on December 19, 2014, between the Subdistrict, the <br />2 <br />
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