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<br />expressly rewritten, incorporated, and included herein. <br />3. Tho CWCB agrees that it shall loan the BORROWER an additional loan amount of <br />$511,290 including the 1 % loan seNice fee for a loan amount of $723,950 to finance <br />up to 90% of Project costs (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL <br />LOAN AMOUNT are an interest rate of 2.50% per annum for a term of 30 years. The <br />BOI~ROWER hereby agrees to repay the loan in accordance with the terms of the <br />OR1GINAL CONTRACT as herein amended and the attached Promissory Note. <br />4. The BORROWER has adopted a resolution, irrepealable for the term of this loan, <br />authorizing the BORROWER to enter into this contract amendment to borrow the <br />ADDITIONAL LOAN AMOUNT, to establish and collect assessments sufficient to pay the <br />annual loan payments, to pledge said assessments for repayment of the loan, and to <br />eXEicute documents necessary to convey a security interest in said assessments and <br />collateral, if necessary, to the CWCB. Said resolution is attached as Appendix A. <br />5. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit <br />to the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) <br />the person(s) signing for the BORROWER was duly elected or appointed and has <br />authority to sign such documents on behalf of the BORROWER and to bind the <br />BOBROWER; (2) the BORROWER'S governing body has validly adopted a resolution <br />approving this Amendment; (3) there are no provisions in the any state or local law <br />tha~ prevent this Amendment from binding the BORROWER; and (4) this Amendment <br />will be valid and binding against the BORROWER if entered into by the CWCEl. <br />6. ThE! BORROWER agrees that it shall execute the following documents, all of wl1ich shall <br />set forth the loan amount of $723,950 which includes the 1 % loan seNice fee: <br />a. Promissory Note, attached as Appendix B and incorporated herein, wtlich shall <br />replace and supersede the Promissory Note in the amount of $672,6160 dated <br />September 8, 2006, attached to the ORIGINAL CONTRACT as Appendix 2. <br /> <br />b. Amended Security Agreement, attached hereto as Appendix C and incorporated <br />herein, which shall supplement and operate in conjunction with the Security <br />Agreement dated September 8, 2006, attached to the ORIGINAL CONTRACT as <br />Appendix 4. <br />Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contracliction between the provisions of this Amendment and any of the provisions of the <br />ORIGINAL CONTRACT, the provisions of this Amendment shall in all respects supersede, <br />govern, and control. The SPECIAL PROVISIONS shall always be controlling over other <br />provisions in the contract or amendments. The representations in the SPECIAL <br />PROVISIONS concerning the absence of bribery or corrupt influences and personall interest <br />of STATE employees are presently reaffirmed. <br />Financial obligations of the state payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted, and otherwise made available. <br />This amendment shall not be deemed valid or effective until it shall have been approved <br />by the controller of the State of Colorado or such assistant as he may designate. <br />