CT2015-140 Contract

• Contract/PO #: CT2015-140
• Contractor Name: Northern Colorado Water Conservancy District
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

. 1
FIRST AMENDMENT TO LOAN AGREEMENT
BETWEEN COLORADO WATER RESOURCES AND POWER DEVELOPMENT
AUTHORITY
AND
NORTHERN WATER HYDROPOWER WATER ACTIVITY ENTERPRISE
(a government-owned business within the meaning of Article X Section 20(2)(d) of the
Colorado Constitution, organized pursuant to C.R.S. §37-45.1-101 et seq. and owned by the
Northern Colorado Water Conservancy District)
This FIRST AMENDMENT to LOAN AGREEMENT is made, entered into, and effective as
of the 19th day of December 2014, by and between the COLORADO WATER RESOURCES AND
POWER DEVELOPMENT AUTHORITY (the "Authority"), a body corporate and political
subdivision of the State of Colorado, and NORTHERN WATER HYDROPOWER WATER
ACTIVITY ENTERPRISE (a government-owned business within the meaning of Article X, Section
20(2)(d) of the Colorado Constitution, organized pursuant to C.R.S. § 37-45.1-101 et seq. and owned
by the Northern Colorado Water Conservancy District) (the"Governmental Agency");
WITNESSETH THAT:
WHEREAS, in order to finance a portion of the costs associated with' the Carter Lake
hydroelectric project, the Authority and Governmental Agency entered into a Loan Agreement dated
May 20,2011;
WHEREAS,pursuant to the Loan Agreement at Section 3.07,the source of repayment for the
loan is the Governmental Agency's Pledged Property, as defined in paragraph(3) of Exhibit A to the
Loan Agreement;
WHEREAS, in paragraph (3) of Exhibit A to the Loan Agreement it states that Pledged
Property consists of Net Revenue of the System;
WHEREAS, System is defined in paragraph (2) of Exhibit A to the Loan Agreement as
follows:
"System" shall mean (i) any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture, or other real or personal property,
relating to the generation and distribution of hydropower electricity that is owned