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C150237 contract docs
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C150237 contract docs
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Last modified
12/18/2015 1:03:46 PM
Creation date
2/11/2011 1:20:07 PM
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Loan Projects
Contract/PO #
CT2015-040
C150237
Contractor Name
Penrose Water District
Contract Type
Loan
County
Fremont
Bill Number
SB 07-122
Loan Projects - Doc Type
Contract Documents
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I. AMENDMENT TO THE PROMISSORY NOTE,APPENDIX A,AMENDMENT NO. 1 TO LOAN CONTRACT <br /> No.C150237,in the amount of$9,763,670 and incorporated herein, which shall replace and <br /> supersede the original PROMISSORY NOTE, in the amount of $8,844,570, dated December <br /> 13, 2010, and attached to the ORIGINAL CONTRACT as APPENDIX 2. <br /> II. AMENDMENT TO THE SECURITY AGREEMENT, Appendix B AMENDMENT NO. 1 TO LOAN <br /> CONTRACT No. C150237, in the amount of$9,763,670 and incorporated herein, which shall <br /> supplement and operate in conjunction with the SECURITY AGREEMENT, in the amount of <br /> $8,844,570, dated December 13, 2010, and attached to the ORIGINAL CONTRACT as <br /> APPENDIX 4. <br /> III. The BORROWER has adopted a resolution, irrepealable for the term of this loan, authorizing <br /> the BORROWER to enter into this contract amendment to borrow the ADDITIONAL LOAN <br /> AMOUNT, to establish and collect assessments sufficient to pay the annual loan payments, <br /> to pledge said assessments for repayment of the loan, and to execute documents <br /> necessary to convey a security interest in said assessments and collateral, if necessary, to <br /> the CWCB. Said resolution is labeled and attached as APPENDIX C. <br /> IV. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to <br /> the CWCB a letter from its bond counsel stating that it is the bond counsel's opinion that <br /> (1) 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 BORROWER; <br /> (2) the BORROWER'S governing body has validly adopted a resolution approving this <br /> Amendment; (3) there are no provisions in the any state or local law that prevent this <br /> Amendment from binding the BORROWER; and (4) this Amendment will be valid and <br /> binding against the BORROWER if entered into by the CWCB. <br /> 7) EFFECTIVE DATE OF AMENDMENT <br /> The effective date hereof is upon approval of the State Controller or their delegate. <br /> 8) ORDER OF PRECEDENCE <br /> Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction <br /> between the provisions of this AMENDMENT and any of the provisions of the ORIGINAL CONTRACT, the <br /> provisions of this AMENDMENT shall in all respects supersede, govern, and control. The most recent <br /> version of the Special Provisions incorporated into the ORIGINAL CONTRACT or any amendment shall <br /> always control other provisions in the ORIGINAL CONTRACT or any amendments. <br /> 9) AVAILABLE FUNDS <br /> Financial obligations of the state payable after the current fiscal year are contingent upon funds for <br /> that purpose being appropriated, budgeted, or otherwise made available. <br /> Amendment No.1 to Loan Contract C150237 <br /> Page 2 of 3 <br />
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