CT2018-2829 Contract

• Contract/PO #: CT2018-2829
• Contractor Name: Lupton Bottom Ditch Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

W. "Tax Information"means federal and State of Colorado tax information including,without
limitation, federal and State tax returns, return information, and such other tax-related
information as may be protected by federal and State law and regulation. Tax Information
includes, but is not limited to all information defined as federal tax information in Internal
Revenue Service Publication 1075.
X. "Total Loan Amount" means the total of the Base Loan Amount plus the Origination fee
of one percent(1%).
Any other term used in this Contract that is defined in an Appendix shall be construed and
interpreted as defined in that Appendix.
6. LOAN ORIGINATION FEE
CWCB's Origination Fee of one percent(1%),added to the Base Loan Amount in accordance with
CWCB Policy No. 16, results in the Total Loan Amount shown on the Signature and Cover page
of this Contract.
7. AMENDMENTS AND OPTION LETTERS
In the event that the Borrower does not use the full amount authorized,the parties shall amend this
Contract or exercise an Option Letter(attached as Appendix 2)and incorporated herein,to decrease
the Total Loan Amount including an adjustment of the Origination Fee to reflect 1% of the actual
amount disbursed to the Borrower. An amendment to this Contract shall be executed for the
following changes including, but not limited to, a change in pledged revenues or property, an
increase in Total Loan Amount, and a decrease in Total Loan Amount with a change in the annual
loan payment. Additionally, upon substantial completion of the Project,the following applies:
A. Upon substantial completion of the Project with a decrease in the Total Loan Amount and
if the Borrower requests a change in the annual loan payment; the Parties may amend this
Contract to modify the annual loan payment accordingly.
B. Upon substantial completion of the Project with a decrease in the Total Loan Amount but
no change in the annual payment,which then results in a shortened term of the loan,the State
may exercise an option and shall provide written notice to the Borrower in form substantially
equivalent to Appendix 2 to decrease the term of the loan. If exercised, the provisions of the
Option Letter and supporting documentation shall become part of and be incorporated into
this Contract for the total duration of this Contract.
8. CONTRACT AMENDMENT SERVICE FEES.
Under certain circumstances, the Borrower may be assessed a service fee for amending the
Contract.
A. A service fee may be imposed on the Borrower for amendments processed for the benefit of
the Borrower and necessary for the Borrower's course of business but not necessary for the
CWCB, including, but not limited to, a change in the Borrower's name, assignment of
contract, substitution of Pledged Revenues or Pledged Property, loan payment deferments in
excess of 3 per loan, and loan consolidation. Amendments in the course of CWCB business
will be processed at no additional charge to the Borrower.
B. The amount charged shall be in accordance with the service fee rate structure set forth in the
CWCB Loan Service Charge Policy in effect at the time the Borrower shall request an
amendment. The current service fee for an amendment is $1,000.
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Contract Number:CT2018-2829