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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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(3) to meet regulatory requirements associated with the WGFP. Operating <br />C&E specifically includes any and all "Costs and Expenses" that are not <br />Capital C&E that may accrue after execution of this Contract. <br />1.9. "Default" means any event described in Sections 5.3.1 and 8.10 hereof. <br />1.10. "District" means the Northern Colorado Water Conservancy District, a <br />quasi -municipal entity and political subdivision of the State of Colorado created <br />under and having the powers provided in the Water Conservancy Act, <br />C.R.S. §§ 37-45-101 et seq. <br />1.11. "Enterprise Board" means the Board of Directors of the WGFP Enterprise. <br />1.12. "Final Default" has the meaning provided in Section 5.3.5. <br />1.13. "Financing Document" means any indenture, trust agreement, loan agreement, <br />installment purchase agreement, or other financing document entered into by the <br />WGFP Enterprise in connection with any WGFP Financing Obligation (as defined <br />in Section 8.2). <br />1.14. "Fiscal Year" means the fiscal year of the WGFP Enterprise, which currently <br />begins on October 1 of each calendar year and ends on September 30 of each <br />calendar year, or such other twelve-month period which may be designated by the <br />WGFP Enterprise as its Fiscal Year. <br />1.15. "Interim Agreements" means previously executed agreements between Louisville <br />and the WGFP Enterprise under which Louisville agreed to pay a pro rata portion, <br />based on the WGFP Participation Percentages, for the operation, maintenance, <br />legal, administrative, improvement, and other costs of developing the WGFP before <br />execution of this Contract. <br />1.16. "Liquidity Fund" means a reserve fund established under Section 8.4.1. <br />1.17. "Loan Allottee Financing Obligation" means the obligation of a Loan Allottee to <br />pay a percentage of the total WGFP Financing Costs (as defined in Section 8.2) that <br />is equal to the Loan Allottee's WGFP Financing Participation Percentage. <br />1.18. "Operating Costs & Reserves" means, collectively, Operating C&E and the <br />amounts required to be deposited into the Operating Reserve Fund and such other <br />reserves as the Enterprise Board may determine are necessary to establish and <br />maintain in relation to Operating C&E (if any) pursuant to Section 6.1.2. <br />1.19. "Operating Fund" means a fund established to provide for the payment of the <br />Operating C&E of the WGFP. <br />1.20. "Operating Reserve Fund" means a reserve fund established to provide for the <br />payment of Operating C&E if the moneys contained in the Operating Fund are <br />insufficient to make such payments. The Operating Reserve Fund shall be <br />maintained such that the amount of money in the fund shall equal the aggregate of <br />two years of Operating C&E, as estimated by the WGFP Enterprise based on a <br />4 <br />
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