C150352 Contract Amendment No 2

• Contract/PO #: C150352
• Contract/PO #: CT2015-071
• Contractor Name: Boxelder Basin Regional Stormwater Authority
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

Agreement for the Larimer County Road 52 Project(the"County Road 52 IGA")entered
into among the Authority,the Members and the Timnath Development Authority;and
WHEREAS, the Authority's repayment obligations under each of the Original Loan
Contracts are evidenced by a Promissory Note (collectively referred to herein as the "Original •
Promissory Notes") issued by the Authority to the CWCB in accordance with the authorization
of the Original Authorizing Resolution, each of which Original Promissory Notes constitutes a
special revenue obligation of the Authority which is to be paid from Net Revenues (defined in
the Original Authorizing Resolution), and the Original Promissory Notes shall be secured by
such Net Revenues on a parity with each other;and
WHEREAS, in connection with each Original Loan Contract and pursuant to the
authorization of the Original Authorizing Resolution,the Authority has previously entered into a
Security Agreement with CWCB with respect to each Original Loan Contract(each an"Original
Security Agreement"and,collectively,the"Original Security Agreements");and
WHEREAS, as a result of unforeseen expenses of the Authority for 2017, the Authority
has requested and CWCB has agreed to make modifications to the Original Loan Contracts to
defer the payment of any principal amount due thereon in 2017,and to re-amortize such deferred
principal payment over the existing remaining term of the Original Loan Contracts,resulting in a
change to the annual loan payments, but no change to the applicable final maturity or interest
rates;and
WHEREAS,to facilitate the above-described modification,the CWCB has presented to
the Board the following modifications to the Original Loan Contracts (each referred to as a
"Loan Contract Amendment" and, collectively, as the "Loan Contract Amendments" (both, as
more particularly defined herein)):
(1) Loan Contract Amendment No. 2 (identified as Contract CMS101136,
CT2015-071), amending Original Loan Contract C150352, as amended by a Loan
Contract Amendment No. 1 (identified as Contract CT2015-071,CMS93063); and
(ii) Loan Contract Amendment No. 1 (identified as Contract CMS101179,
CT2015-070),amending Original Loan Contract C150353;and
(iii) Loan Contract Amendment No. 1 (identified as Contract CMS101181,
CT2015-069),amending Original Loan Contract C150393;and
WHEREAS,in connection with each Loan Contract Amendment,the Authority will issue
to CWCB an Amendment to Promissory Note (collectively, as more particularly defined herein,
the "Promissory Note Amendments"), to supersede and replace the Original Promissory Notes,
and will enter into with CWCB an Amendment to Security Agreement (collectively, as more
particularly defined herein, the "Security Agreements") to amend the Original Security
Agreements, in all cases for the purpose of reflecting the above-described modifications with
respect to the 2017 principal payments;and
WHEREAS, in accordance with the Authority IGA: (i)the aggregate principal amount of
the loans evidenced by the Original Loan Contracts, as modified by the Loan Contract
3
4812-2618-5034.1