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CT2016-2001 Amendment No. 1 Contract
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CT2016-2001 Amendment No. 1 Contract
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Last modified
5/15/2018 10:18:49 AM
Creation date
5/15/2018 10:18:45 AM
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Loan Projects
Contract/PO #
CT2016-2001
Contractor Name
The Tunnel Water Company
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,Loan Contract Number CT2016-2001,in September 2015 <br /> for the Laramie-Poudre Tunnel Rehabilitation.The purpose of the Project was extend the life of the tunnel and <br /> improve maintenance access by rehabilitating the west and east tunnel portals.The west portal is completed; <br /> however,the east portal needed additional work that required additional US Forest Service permitting. The estimated <br /> construction costs increased and the parties have agreed to amend the contract to increase the total loan amount by <br /> $606,000.00;from$1,111,000.00 to$1,717,000.00,(amounts include the 1%CWCB loan origination fee). <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$1,717,000.00,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 <br /> Contract as Appendix 5. <br /> D. Amendment to Deed of Trust,Appendix C,in the revised loan amount,and incorporated herein shall <br /> supplement and operate in conjunction with the Original Deed of Trust,attached to the Original Contract as <br /> Appendix 6.The Amendment to Deed of Trust(Appendix C)shall be recorded with the Latimer County Clerk <br /> and Recorder. <br /> 6. RESOLUTION <br /> The Borrower has adopted a loan resolution(Appendix D)irrepealable for the term of this loan,authorizing the <br /> Borrower to enter into this contract amendment to borrow the additional loan amount and to execute all documents <br /> required by CWCB. <br /> 7. ATTORNEY OPINION LETTER <br /> Prior to the execution of this Amendment by the CWCB,the Borrower shall submit to the CWCB a letter from its <br /> attorney stating that it is the attorney's opinion that(1)the person(s)signing for the Borrower was duly elected or <br /> appointed and has authority to sign such documents on behalf of the Borrower and to bind the Borrower;(2)the <br /> Borrower's governing body has validly adopted a resolution approving this Amendment; (3)there are no provisions <br /> Page 2 of 3 Amendment No. 1 <br /> CT No.2016-2001 <br /> CMS No.108481 <br />
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