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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 pate shown on the Signature <br /> and Cover Page for this Amendment.The State shall not be bound by any provisioh 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 /> On January 23,2017,the CWCB approved a loan request,from the Borrower,to fix leak in Lake 4's outlet pipeline. <br /> Due to changes during final design,and how long it has taken to get bids for the Project,the cost has increased.The <br /> Borrower has requested,and CWCB has agreed to an increase of$245,430 from the original loan amount of <br /> $619,130.00 to$864,560.00,which includes the 1%origination fee. <br /> 5. MODIFICATIONS <br /> The Contract is modified as follows: <br /> A. 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 3. <br /> B. 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 5. <br /> C. 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 6. The Amendment to Deed of Trust <br /> (Appendix C)shall be recorded with the Boulder County Clerk and Recorder. <br /> 6. RESOLUTION <br /> The Borrower has adopted a Board of Director's Resolution,irrepealable for the term of this loan,authorizing the <br /> Borrower to enter into this contract amendment to borrow the additional loan amount,to establish and collect <br /> assessments sufficient to pay the annual loan payments,to pledge said assessments for repayment of the loan,and to <br /> execute documents necessary to convey a security interest in said assessments and collateral,if necessary,to the <br /> CWCB,and attached as Appendix D. <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 /> in the any state or local law that prevent this Amendment from binding the Borrower;and(4)this Amendment will <br /> be valid and binding against the Borrower if entered into by the CWCB. <br /> Page 2 of 3 <br /> CT No.2017-3213 <br />