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C150353 Contract Amendment No 1
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C150353 Contract Amendment No 1
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Last modified
7/10/2017 8:56:04 AM
Creation date
7/10/2017 8:55:57 AM
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Loan Projects
Contract/PO #
C1503353
Contractor Name
Boxelder Basin Regional Stormwater Authority
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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Section 5. Amendment of Resolution. This Resolution may be amended only with the <br /> prior written consent of CWCB. The CWCB's approval of the Loan Contract Amendments <br /> constitutes, for purposes of the Original Authorizing Resolution, any approval required with <br /> respect to amendments made by this Resolution to the Original Authorizing Resolution. <br /> Section 6. Findings of the Board. The Board, having been fully informed of and <br /> having considered all the pertinent facts and circumstances, hereby fords, determines, declares <br /> and covenants with the CWCB that: <br /> (i) The Authority has been duly established and is operating during <br /> the current calendar year as an "enterprise" within the meaning of Article X, <br /> Section 20 of the Colorado Constitution; <br /> (ii) the Board elects to apply all of the provisions of Title 11, Article <br /> 57, Part 2, C.R.S. to the execution of the Loan Contract Amendments and the <br /> Security Agreement Amendments and to the issuance of the Promissory Note <br /> Amendments;and <br /> (iii) in accordance with the Authority IGA: (A)the aggregate principal <br /> amount of the loans evidenced by the Original Loan Contracts,as modified by the <br /> Loan Contract Amendments, do not exceed $9,000,000,the terms thereof do not <br /> exceed 15 years,and the interest rates thereon do not exceed 2.75%APR;and(B) <br /> the Loan Contract Amendments, Promissory Note Amendments and Security <br /> Agreement Amendments do not represent a new borrowing of the Authority but, <br /> rather,a modification to an existing borrowing that continues to be in compliance <br /> with the authorization of the Authority IGA (and, in particular, the transaction <br /> contemplated by the First Amendment to Authority IGA):and <br /> (iv) the execution of the Loan Contract Amendments and the Security <br /> Agreement Amendments and to the issuance of the Promissory Note <br /> Amendments, and all procedures undertaken incident thereto, are in full <br /> compliance and conformity with all applicable requirements, provisions and <br /> limitations prescribed by the Constitution and the Enabling Law, and all <br /> conditions and limitations of the Enabling Law and other applicable law relating <br /> to the execution of the Loan Contract Amendments and the Security Agreement <br /> Amendments and to the issuance of the Promissory Note Amendments have been <br /> satisfied. <br /> Section 7. Confirmation of Original Authorizing Resolution as Amended. The <br /> Original Authorizing Resolution, as amended by this Resolution, is hereby confirmed, and the <br /> Original Authorizing Resolution,as amended by this Resolution,remains in full force and effect <br /> as of the date hereof. Without limiting the foregoing,the pledge of Net Revenues for payment of <br /> the Promissory Note Amendments, as provided in Section 5 of the Original Authorizing <br /> Resolution,is hereby reaffirmed. <br /> } <br /> Section 8. Ratification and Approval of Prior Actions. All actions heretofore taken <br /> by the officers of the District and the members of the Board,not inconsistent with the provisions <br /> 7 <br /> 4812-2618-5034.I <br />
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