CT2016-1696 Contract Amend 2 - Laserfiche WebLink

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6) MODIFICATIONS a) The ORIGINAL CONTRACT NO.CT2016-1696 (C150261) and all prior amendments thereto, are modified according to Paragraph 2. CWCB Loan Restructure Plan and the amended changes incorporated in the RESTRUCTURE AGREEMENT,including a reduction of the balance of the loan from$11,217,000.00 to $4,290,930.32 and an interest rate reduction from 3.5%to 1.75%. b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth the revised loan amount of$4,290,930.32: I. AMENDED PROMISSORY NOTE, attached hereto as APPENDIX B-2 and incorporated herein, which shall replace and supersede the ORIGINAL PROMISSORY NOTE, in the amount of $11,217,000.00 dated July 21, 2008,attached to the Original Loan Contract as APPENDIX 2 and the AMENDED PROMISSORY NOTE, in the amount of$9,219,363.70,dated March 22, 2013, attached as APPENDIX A to AMENDMENT No.1. II. Amended SECURITY AGREEMENT,attached hereto as APPENDIX C-2 and incorporated herein, which shall supplement and operate in conjunction with the SECURITY AGREEMENT dated July 21, 2008,attached to the Original Loan Contract as Appendix 4 and the AMENDED SECURITY AGREEMENT,dated March 22, 2013 attached as APPENDIX B to AMENDMENT No.1. III. The Parties agree to replace the Colorado Special Provisions with the most recent version as part consideration for this AMENDMENT.The revised Special Provisions are attached hereto and incorporated by reference herein as APPENDIX D-2. c) The PAWSD has adopted a resolution, irrepealable for the term of this loan,authorizing the RESTRUCTURE AGREEMENT and to agree to the revised terms and conditions,to establish and collect revenues sufficient to pay the annual loan payments,to pledge said revenues for repayment of the loan,and to execute documents necessary to convey a security interest in said revenues and collateral, if necessary, to the CWCB. Said resolution is attached as APPENDIX E-2. d) Prior to the execution of this Amendment by the CWCB, PAWSD shall submit to the CWCB a letter from its bond counsel stating that it is the bond counsel's opinion that (1) the person(s) signing for PAWSD was duly elected or appointed and has authority to sign such documents on behalf of PAWSD and to bind the BORROWER; (2) the BORROWER'S governing body has validly adopted a resolution; (3) there are no provisions in the any state or local law that prevent this Amendment from binding PAWSD;and (4) this Amendment will be valid and binding against PAWSD if entered into by the CWCB. 7) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency,variance, or contradiction between the provisions of this Amendment and any of the provisions of the ORIGINAL CONTRACT, the provisions of this AMENDMENT shall in all respects supersede, govern, and control.The most recent version of the Special Provisions incorporated into the ORIGINAL CONTRACT or any amendment shall always control other provisions in the ORIGINAL CONTRACT or any amendments. --- -- Page 2 of 3 — J