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PROJC01776
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PROJC01776
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Last modified
11/19/2009 11:25:41 AM
Creation date
2/6/2007 2:36:01 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153723
Contractor Name
Orchard Mesa Irrigation District
Contract Type
Loan
Water District
72
County
Mesa
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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<br />$469,813.04, and to secure this loan with a pledge of revenues backed by a rate <br />covenant and annual statement of debt coverage. <br /> <br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the <br />payments that shall be made pursuant to this Amendment and ORIGINAL CONTRACT <br />and the promises and agreements herein set forth. <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT, and all tenns, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br />3. The BORROWER agrees that it shall execute the following documents, all of which <br />shall set forth the revised loan amount, as of June 1, 1997, of $469,813.04: <br />a. Promissory Note attached as Appendix 1 and incorporated herein, which shall <br />replace and supersede the Promissory Note provisions (Paragraph A.9) in the <br />ORIGINAL CONTRACT. <br />b. Security Agreement Amendment No.1, attached hereto as Appendix 2 and <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Security Agreement dated October 30, 1996, attached to the ORIGINAL <br />CONTRACT as Appendix B. <br />4. The parties agree that the ORIGINAL CONTRACT, is and shall be modified, altered, <br />and changed in the following respects only: <br />a. Paragraph A.11, Pledge of revenues, is amended by the addition of the <br />following two paragraphs to add the rate covenant and annual statement of <br />debt coverage provisions: <br />A.11.e. Rate Covenant. Pursuant to its statutory authority and as pennitted <br />by law, the BORROWER shall take all necessary actions consistent therewith <br />during the term of this contract to establish, levy and collect rates, charges and <br />fees as described in Appendix 3, in amounts sufficient to pay this loan as <br />required by the tenns of this contract and the Promissory Note, to cover all <br />expenditures for operation and maintenance and emergency repair services, <br />and to maintain adequate debt service reserves, including obtaining voter <br />approval, if necessary, of increases in the BORROWER'S rate schedule or <br />taxes, if applicable. <br />A.11.f. Annual Statement of Debt Coverage. Each year during the term of <br />this contract, the BORROWER shall submit to the CWCB an annual audit report <br />and a certificate of debt service coverage from a Certified Public Accountant. <br />b. Paragraph A.12, Collateral, is revised by the addition of the following <br />paragraph <br />A.12 a. In accordance with CWCB Policy No.5, the CWCB hereby agrees to <br />collateral consisting of a pledge of revenues (established in the ORIGINAL <br />CONTRACT under Paragraph A.11), and backed by rate covenant and annual <br />statement of debt coverage. <br /> <br />Page 2 of 5 <br />
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