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Res 2008-012
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Res 2008-012
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Last modified
6/29/2009 9:32:11 AM
Creation date
1/22/2008 2:38:53 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2008-12
Date
1/15/2008
Volume Book
174
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and, if any Bonds are issued, it shall be unconditionally obligated to pay the Annual Payment <br />Amounts as provided and determined by this Contract, regardless of whether or not the Agency <br />actually acquires, constructs, or completes the Project, or breaches any obligation on the <br />Agency's part hereunder, and whether or not the Sponsoring Public Entity actually uses the <br />Project, whether due to Force Majeur+e or any other reason whatsoever, regardless of any other <br />provisions of this Contract, or any other contract or agreement between any of the parties hereto. <br />This covenant by each of the Sponsoring Public Entities shall be for the benefit of and <br />enforceable by the owners of the Bonds and/or by the Agency. <br />By entering into this Contract and performing their obligations under any Section of this <br />Contract, the Sponsoring Public Entities do not release any persons from or waive any claims <br />against such persons that the Sponsoring Public Entities may have resulting from actions by such <br />persons contrary to that person's legal obligations. <br />Section 8.5 Term of Contra ct. This Contract shall be effective from and after its <br />date, and this Contract shall continue in force and effect until the principal of and interest on all <br />Bonds shall have been paid or provision for the payment of all of the Bonds has been made in <br />accordance with the terms of each Bond Resolution and thereafter continue in force and effect <br />during the entire useful life of the Project. When the principal of and interest on all Bonds shall <br />have been paid or provision for the payment of all of the Bonds has been made in accordance <br />with the terms of the Bond Resolution and all amounts owed to the Agency, the Trustee, or any <br />other person hereunder have been paid, all money held by the Trustee or the Agency pursuant to <br />the terms of the Bond Resolution shall be paid to the Agency. Upon the termination of this <br />Contract, the Agency will charge each of the Sponsoring Public Entities a unit based charge (or <br />other published rate) for water delivered to the Sponsoring Public Entities in accordance with the <br />Agency's then existing rate schedule. <br />sewen &6 1VMeMcadon. No change, amendment, or modification of this <br />Contract shall be made or be effective which will affect adversely the prompt payment when due <br />of all money required to be paid by each of the Sponsoring Public Entities under the terms of this <br />Contract, and no such change, amendment, or modification shall be made or be effective which <br />would cause a violation of any provisions of any Bond Resolution. <br />Unless otherwise provided herein, any notice, <br />communication, request, reply, or advice (herein severally and collectively, for convenience, <br />called "Notice') herein provided or permitted to be given, made, or accepted by any party to the <br />other parties must be in writing and may be given or be served by depositing the same in the <br />United States mail postpaid and registered or certified and addressed to the party to be notified, <br />with return receipt requested, or by delivering the some to an officer of such party, or by prepaid <br />telegram when appropriate, addressed to the party to be notified. Notice deposited in the mail in <br />the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise <br />stated herein, from and after the expiration of three days after it is so deposited. Notice given in <br />any other manner shall be effective only if and when received by the party to be notified. For the <br />purposes of notice, the addresses of the parties shall, until changed as hereinafter provided, be as <br />follows: <br />If to the Agency: <br />Chair, Board of Directors <br />-g2-
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