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CT2016-2452 Amendment NO. 1
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CT2016-2452 Amendment NO. 1
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Last modified
3/26/2019 9:50:02 AM
Creation date
3/26/2019 9:49:58 AM
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Loan Projects
Contract/PO #
CT2016-2452
Contractor Name
St. Vrain and Left Hand Water Conservancy 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 has requested,and CWCB has agreed to,a two(2)year extension of the 0%interest period,extending <br /> the 0%interest period from three(3)years to five(5)years. Project coordination between the Borrower,County and <br /> FEMA has resulted in multiple schedule delays and the extension of the 0%interest period will allow time for <br /> construction and for FEMA funds to be processed and disbursed.The loan contract condition,regarding FEMA <br /> funds, is also being revised per Board approval. <br /> 5. MODIFICATIONS <br /> The Contract is modified as follows: <br /> A. Zero percent(0%)interest for five(5)years followed by twenty-seven(27)years of amortized payments at the interest <br /> rate of 3.20%. A loan service fee of 1%is included in the loan amount,in accordance with CWCB Policy Number 16. <br /> B. Replace language in Section 7,Additional Conditions&Contract Requirements,Appendix 1,Page 2,to read: <br /> Any future grant funds obtained for the purpose of this Project shall be submitted to CWCB to be applied to <br /> the balance of the loan within thirty(30)calendar days after receipt of said funds except that FEMA grant <br /> funds can be applied to the balance of the loan within thirty(30)calendar days after FEMA Project Closeout, <br /> as long as the borrower deposits received FEMA grant funds in a secured account prior to Project Closeout. <br /> FEMA grant funds shall only be used for the repayment of rescinded grant funds or to pay down the loan <br /> principal. <br /> C. Amendment to Promissory Note, Appendix A, incorporated herein, shall replace and supersede the Original <br /> Promissory Note attached to the Original Loan Contract as Appendix 2. <br /> D. Amendment to Security Agreement,Appendix B, incorporated herein,shall supplement and operate in conjunction <br /> with the Original Security Agreement,attached to the Original Loan Contract as Appendix 4. <br /> E. Amendment to Deed of Trust, Appendix C, incorporated herein,shall supplement and operate in conjunction with <br /> the Original Deed of Trust, attached to the Original Contract as Appendix 5. The Amendment to Deed of Trust <br /> (Appendix C)shall be recorded with the Boulder County Clerk and Recorder. <br /> F. Appendix D,Option Letter,is attached to this Amendment and Option Letter language shall be an addendum to the <br /> Original Loan Contract: <br /> • If the amount of loan funds disbursed by the CWCB, to the Borrower,differs from the Loan Amount, the parties <br /> shall amend this Contract or exercise an Option Letter. A Sample Option Letter is attached, to this Amendment as <br /> Appendix D. <br /> Page 2 of 3 <br /> CT No.2016-2452 <br />
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