C150243 Contract

• Contract/PO #: C150243
• Contractor Name: Aurora, City of
• Contract Type: Loan
• Water District: 0
• County: Adams
• Bill Number: SB 07-122
• Loan Projects - Doc Type: Contract Documents

BORROWER: CITY OF AURORA, ACTING BY Agency Name: Water Conservation Board
AND THROUGH ITS UTILITY ENTERPRISE ACJ@I1Cy NU111b2P PDA
Contract No. C150243
Original Loan Amount $75,750,000
LOAN CONTRACT AMENDMENT NO. 1
(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 1 O, 2003)
This Amendment, made this June 14, 2010, by and befinreen the State of
Colorado for the use and benefit of the Department of Natural Resources, Colorado
Water Conservation Board ("CWCB"), and the City of Aurora, acting by and through its
Utility Enterprise, 15151 E. Alameda Parkway, Aurora, CO 80012, ("BORROWER" or
"CONTRACTOR"). '
FACTUAL RECITALS
A. Authority exists in the law, and funds have been budgeted, appropriated, and
otherwise made available for payment in Contract Encumbrance Number C150243.
B. Required approval, clearance, and coordination have been accomplished from and
with appropriate agencies.
C. The CWCB and the BORROWER entered into Contract Encumbrance Number
C150243, dated November 20, 2007 ("ORIGINAL CONTRACT"), incorporated herein by
reference, wherein the CWCB agreed to loan money in the total amount up to
$75,750,000, and the BoRROwER agreed to repay the loan in accordance with the
t2('IY1S Of thG ORIGINAL CONTRACT.
D. Section 37-60-120 (1), C.R.S., authorizes the CWCB to enter into loan contracts and
to amend them when necessary to modify the terms of repayment under the ORi�iNA�
CONTRACT.
E. The BORROWER requested a loan payment modification to make the first two
payments under the Original Contract interest-only payments, and to amortize the
principal portion of the loan over the remaining 28 years of the original 30-year term.
The modification will improve the Borrower's debt structure for the years 2011 and
2012, and will increase the annual payment amount of the loan from $4,248,637.53 to
$4,415,876.87.
F. At its May 2010 meeting, the CWCB approved the Borrower's loan modification
request and to amend the repayment provisions of the loan contract to include the first
two interest-only annual payments of $2,840,625.00 and the remaining 28 annual
payments of $4,415,876.87.
G. The parties agree to amend the ORi�uvA� CoNTRacT to modify the loan repayment
terms.
NOW THEREFORE, the parties hereby agree that
1. Consideration for this Amendment to the ORi�itvA� CotvTt�cT consists of the payments
that shall be made pursuant to this Amendment and the ORi�iNa� CoNrw�cT and the
promises and agreements herein set forth.
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