LPPD000408

• Contract/PO #: C153721
• Contractor Name: Lyons, Town of
• Contract Type: Loan
• Water District: 5
• County: Boulder
• Loan Projects - Doc Type: Contract Documents

1996 and October 7, 1996 loans from the Colorado Water Resources and
Power Development Authority ("Authority").

d) Paragraph A.11.b is amended by the addition of the following:

The STATE and the BORROWER recognize that the BORROWER has also pledged
its water system revenues to repay the BORROWER'S October 7, 1996 loan from
the Authority. The BORROWE ~r ~the STATE with a parity certificate
from an independent certified u tant, attached as Attachment 8
and incorporated herein, certifying. t a e BORROWER'S rate schedule will
generate revenues in "Ii~ffiO~JlW~t pay annual operating and
maintenance expenses,"'~"deJ2SiU .fl.. uired reserve funds, and make
all payments on both existing and propose debtedness. Based on the
BORROWER'S substantial compliance with this contract and on the parity
certificate, the STATE consents to parity status for the Authority's lien on the
water system revenues stemming from the October 7, 1996 loan.

e) Paragraph A.11.c is amended to read as follows:

To provide a security interest to the STATE in the pledged revenues so that the
STATE shall have priority over all other competing claims for said revenues,
except the BORROWER'S pledges of revenues for repayment of its 1990 EIAF
loan, its 1991 Joint Revenue Bonds, and its August 19, 1996 and October 7,
1996 loans from the Authority, with which this loan shall have parity status, the
BORROWER has executed an amended Security Agreement; attached as
Attachment C and incorporated herein, which sets forth the revised total loan
amount, which replaces the Security Agreement attached to the Original
Contract as Appendix 3.

f) Paragraph A.12 (Collateral) is amended by changing the amount of the CD
ACCOUNT to $18,213.45. The Contractor may reduce the CD Account to this
amount at any time. If the CONTRACTOR reduces the CO ACCOUNT, it shall
execute and deliver an Assignment of Certificate of Deposit in the form
attached as Attachment 0, which shall replace Appendix 4 to the Original
Contract.

g) Paragraph 0 is amended by the addition of the following:

11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may
withhold debts owed to state agencies under the vendor offset intercept system
for: (a) unpaid child support debt or child support arrearages; (b) unpaid
balance of tax, accrued interest, or other charges specified in Article 22, Title
39, CRS; (c) unpaid loans due to the student loan division of the department of
higher education; (d) owed amounts required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any
agency thereof, the amount of which is found to be owing as a result of final
agency determination or reduced to judgment as certified by the controller.

4. The effective date of this Amendment is the date first written above.

5. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance,
or contradiction between the provisions of this Amendment and any of the provisions of

Town of Lyons

Page 3 of 4

Amendment NO.1