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CT2015-141 Contract Amend 2
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CT2015-141 Contract Amend 2
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Last modified
12/18/2015 3:53:49 PM
Creation date
2/3/2015 7:42:17 AM
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Loan Projects
Contract/PO #
CT2015-141
C150360
Contractor Name
East Mesa Water Company
Contract Type
Loan
Water District
38
County
Pitkin
Loan Projects - Doc Type
Contract Documents
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b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the revised loan amount of$757,500: <br /> I. AMENDMENT TO THE PROMISSORY NOTE,APPENDIX A,AMENDMENT No.1 TO LOAN CONTRACT <br /> No.CT2015-141 (C150360),in the amount of$757,500 and incorporated herein, which shall <br /> replace and supersede the original PROMISSORY NOTE dated January 17, 2015 in the <br /> amount of$555,500, 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.CT2015-141 (C150360), in the amount of$757,500 and incorporated herein, <br /> which shall supplement and operate in conjunction with the SECURITY AGREEMENT, dated <br /> January 17, 2015, in the amount of $555,500, and attached to the ORIGINAL CONTRACT as <br /> APPENDIX 4. <br /> III. AMENDMENT TO THE DEED OF TRUST,APPENDIX C, AMENDMENT NO.1 TO LOAN CONTRACT <br /> No.CT2015-141 (C150360), in the amount of$757,500 and incorporated herein, which shall <br /> supplement and operate in conjunction the DEED OF TRUST, dated January 17, 2015, in the <br /> amount of$555,500, and attached to the ORIGINAL CONTRACT as APPENDIX 5. <br /> IV. 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 attached as APPENDIX D. <br /> V. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to <br /> the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the <br /> person(s) signing for the BORROWER was duly elected or appointed and has authority to <br /> sign such documents on behalf of the BORROWER and to bind the BORROWER; (2) the <br /> BORROWER'S governing body has validly adopted a resolution approving this Amendment; <br /> (3) there are no provisions in the any state or local law that prevent this Amendment from <br /> binding the BORROWER; and (4) this Amendment will be valid and binding against the <br /> 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 _ —— <br /> _ <br /> Page 2 of 3 <br />
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