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CT2016-2515 Amendment No. 01
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CT2016-2515 Amendment No. 01
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3/7/2018 1:38:19 PM
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3/7/2018 1:38:17 PM
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Loan Projects
Contract/PO #
CT2016-2515
Contractor Name
Lookout Mountain Water District
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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1. PARTIES <br /> This Amendment(the"Amendment")to the Original Contract(the"Contract")shown on the Signature and Cover <br /> Page for this Amendment is entered into by and between the Borrower("Borrower"or"Authority"),and the State <br /> ("CWCB"). <br /> 2. TERMINOLOGY <br /> Except as specifically modified by this Amendment,all terms used in this Amendment that are defined in the Contract <br /> shall be construed and interpreted in accordance with the Contract. <br /> 3. AMENDMENT EFFECTIVE DATE AND TERM <br /> A. Amendment Effective Date <br /> This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature <br /> and Cover Page for this Amendment.The State shall not be bound by any provision of this Amendment before <br /> that Amendment Effective Date. <br /> The Parties'respective performances under this Amendment and the changes to the Contract contained herein <br /> shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. <br /> 4. PURPOSE <br /> The Borrower was approved for a CWCB Loan Contract,on February 24,2016,for the Upper Beaver Creek Brook <br /> Dam Spillway.The Project was completed and the parties agree to amend the contract to reduce the final loan <br /> amount by$353,627.84,from$3,099,690.00 to$2,746,062.16. <br /> 5. MODIFICATIONS <br /> The Contract and all prior amendments thereto,if any,are modified as follows: <br /> A. The original loan contract amount is hereby deleted and replaced with the Current Contract Maximum Amount <br /> of$2,746,062.16,shown on the Signature and Cover Page for this Amendment. <br /> B. Amendment to Promissory Note,Appendix A,in the revised loan amount,and incorporated herein shall replace <br /> and supersede the Original Promissory Note attached to the Original Loan Contract as Appendix 3. <br /> C. Amendment to Security Agreement, Appendix B, in the revised loan amount, and incorporated herein shall <br /> supplement and operate in conjunction with the Original Security Agreement,attached to the Original Loan Contract <br /> as Appendix 5. <br /> 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE <br /> This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments or other <br /> modifications to the Contract,if any,remain in full force and effect except as specifically modified in this Amendment. <br /> Except for the Special Provisions contained in the Contract, in the event of any conflict,inconsistency,variance, or <br /> contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior <br /> modification to the Contract,the provisions of this Amendment shall in all respects supersede, govern, and control. <br /> The provisions of this Amendment shall only supersede,govern,and control over the Special Provisions contained in <br /> the Contract to the extent that this Amendment specifically modifies those Special Provisions. <br /> Page 2 of 2 Amendment No.1 CT 2016-2515 CMS No.107668 <br />
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