LPPD000460 - Laserfiche WebLink

Home Browse Search

ORIGINAL CONTRACT and all terms, conditions, and provIsions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of $59,000 for a loan amount of $473,000 to finance up to 90% of Project costs (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL LOAN AMOUNT are an interest rate of 2.5% per annum for a term of 20 years. The BORROWER hereby agrees to repay the loan in accordance with the terms of the ORIGINAL CONTRACT as herein amended and the attached Promissory Note. 4. The BORROWER has adopted a resolution, irrepealable for the term of this loan, authorizing the BORROWER to enter into this contract amendment to borrow the ADDITIONAL LOAN AMOUNT, to establish and collect assessments sufficient to pay the annual loan payments, to pledge said assessments for repayment of the loan, and to execute documents necessary to convey a security interest in said assessments and collateral, if necessary, to the CWCB. Said resolution is attached as Appendix A. 5. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the person(s) signing for the BORROWER was duly elected or appointed and has authority to sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the BORROWER'S governing body has validly adopted a resolution approving this Amendment; (3) there are no provisions in the any state or local law that prevent this Amendment from binding the BORROWER; and (4) this Amendment will be valid and binding against the BORROWER if entered into by the CWCB. 6. The BORROWER agrees that it shall execute the following documents, all of which shall set forth the loan amount of $473,000: a. Promissory Note, attached as Appendix B and incorporated herein, which shall replace and supersede the Promissory Note in the amount of $414,000 dated May 1, 2003, attached to the ORIGINAL CONTRACT as Appendix 2. b. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein, which shall supplement and operate in conjunction with the Deed of Trust dated May 1, 2003, and amended July 1, 2003, attached to the ORIGINAL CONTRACT as Appendix 3. 7. The Contract is amended by the addition of the following: Special Provision M. Software Piracy Prohibition Governor's Executive Order No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. 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 the ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be controlling over other provisions in the contract or amendments. The representations Loan Contract 150123 Amendment No.1 Page 2 of 3