Agmt 2011 California State Water Resources Control Board SWRCB

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City of San Leandro • Agreement No.: 11- 806 -550 Project No.:'C -06- 7002 -110 This Project Finance Agreement (including all exhibits and attachments hereto, this "Agreement ") is dated as of the date set forth on the first page of this Agreement, by and between the State Water Resources Control Board, an administrative and regulatory agency of the State of California (the "State Water Board "), and the local agency identified on the first page of this Agreement, duly organized and existing under the laws of the State of California (the "Recipient "): WITNESSETH: WHEREAS, the United States of America, pursuant to Title VI of the federal Water Pollution Control Act (as such has been and may be amended from time to time, the "Clean Water Act ") requires each State to establish a water pollution control revolving fund to be administered by an instrumentality of the State as a condition to receipt of capitalization grants under the Clean Water Act; and WHEREAS, the State of California (the "State ") has established a Clean Water State Revolving Fund ( "CWSRF ") pursuant to Chapter 6.5 of Division 7 of the California Water Code (the "State Act ") to be used for purposes of the Clean Water Act; and WHEREAS, the State Water Board has the responsibility to administer the CWSRF and to provide financial assistance from the CWSRF to recipients for the construction of eligible projects, as provided in the State Act; and WHEREAS, the State Water Board is responsible under the Clean Water Act and the State Act for determining the eligibility of projects for financial assistance from the CWSRF, determining a reasonable schedule for financing and construction of projects, and for ensuring compliance with the Clean Water Act and the terms and conditions of an applicable project finance agreement; and WHEREAS, the Recipient has submitted to the State Water Board an application for financial assistance from the CWSRF, for the purpose of financing or refinancing the Project described below, and the State Water Board has reviewed and approved said application; and WHEREAS, the Recipient has or will incur costs incurred in connection with, the planning, design, acquisition, construction and installation of the project or projects described in Exhibit A hereto (such projects being herein collectively referred to as the "Project "); and WHEREAS, on the basis of the Recipient's application and the representations and warranties set forth herein, the State Water Board proposes to assist in the financing of the costs of the Project and /or to refund outstanding bonds, notes or other debt obligations of the Recipient, if any, issued to finance the Project, and the Recipient desires to participate as a recipient of financial assistance from the CWSRF and evidence its obligation to repay, which obligation will be secured by Net Revenues (herein defined), upon the terms and conditions as hereinafter set forth in this Agreement, all pursuant to the Clean Water Act; • NOW, THEREFORE, in consideration of the premises and of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant and agree as follows: ARTICLE I DEFINITIONS 1.1 Definitions. Unless otherwise specified, each capitalized term used in this Agreement (including the Exhibits hereto) has the following meaning: • "Additional Payments" means the Additional Payments described in Section 3.2(c) of this Agreement. 1 IDIOM imf"