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Item 29 - Installment Sale Agreement for Automated Metering Infrastructure Project
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02/07/2023 Regular & HA
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Item 29 - Installment Sale Agreement for Automated Metering Infrastructure Project
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8/11/2023 10:04:11 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
29
Date
2/7/2023
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City of Santa Ana <br />Agreement No.: D2202006 <br /> Project No.: 3010038-002C <br />Page 7 of 49 <br /> <br /> <br />DWSRF 18v2022 <br /> <br />“Recipient” means the City of Santa Ana. In any provision of this Agreement referencing duties <br />undertaken by the Authority on behalf of the Recipient, the term “Recipient” shall also refer to the <br />Authority. <br />“Records Retention End Date” means the last date that the Recipient is obligated to maintain records and <br />is set forth on the Cover Page of this Agreement. <br />“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water <br />Quality Control Board. <br />“Reimbursement Resolution” means the Recipient’s reimbursement resolution identified and incorporated <br />by reference in this Agreement. <br />“Reserve Fund” means the reserve fund required pursuant to Exhibit B 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 System, determined in accordance with GAAP, including <br />all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the <br />services of the System, and all other income and revenue howsoever derived by the Recipient from the <br />ownership or operation of the System or arising from the System, including all income from the deposit or <br />investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on <br />the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or <br />contributions in aid of construction. <br /> “Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange <br />Commission pursuant to the Securities Exchange Act of 1934, as amended. <br />“Senior Obligation” means a debt obligation of the Recipient that is senior to this Obligation. There are no <br />Senior Obligations. <br />“SRF” means the Drinking Water State Revolving Fund. <br />“State” means State of California. <br />“State Water Board” means the State Water Resources Control Board. <br />“Subordinate Obligation” means a debt obligation of the Recipient that is subordinate to this Obligation. <br />There are no Subordinate Obligations. <br />“System” means all drinking water collection, transport, treatment, storage, and delivery facilities, <br />including land and easements thereof, owned by the Recipient, including the Project, and all other <br />properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be <br />a part of the System, together with all additions, betterments, extensions, or improvements to such <br />facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. <br />“System Obligation” means any obligation of the Recipient payable from the Revenues, including but not <br />limited to this Obligation, any Parity Obligation, any Subordinate Obligation, and such additional <br />obligations as may hereafter be issued in accordance with the provisions of such obligations and this <br />Agreement. <br />“Useful Life” means the economically useful life of the Project beginning at Completion of Construction <br />and is set forth in Exhibit A.
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