CT2019-2792 Contract

• Contract/PO #: CT2019-2792
• Contractor Name: Arabian Acres Metropolitan District
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

P. "Resolution" or "Ordinance" means the Borrower's written auth•rity to enter into this
Contract.
Q. "Security Agreement" means the document that provides a security interest in a specified
revenue pledged to repay this loan.
R. "State Confidential Information"means any and all State Records nut subject to disclosure
under CORA. State Confidential Information shall include, but is !1st limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subje•t to disclosure under
CORA. State Confidential Information shall not include informati•n or data concerning
individuals that is not deemed confidential but nevertheless belongs t• the State, which has
been communicated, furnished, or disclosed by the State to Borrower which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Borrower wit out restrictions at the
time of its disclosure to Borrower;(iii)is or subsequently becomes pu s icly available without
breach of any obligation owed by Borrower to the State;(iv)is disclose• to Borrower,without
confidentiality obligations,by a third party who has the right to disclo•e such information;or
(v)was independently developed without reliance on any State Conti•ential Information.
S. "State Fiscal Rules" means that fiscal rules promulgated by the Col•rado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
T. "State Fiscal Year"means a 12 month period beginning on July 1 of ach calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
U. "State Records" means any and all State data, information, and records, regardless of
physical form,including,but not limited to, information subject to disclosure under CORA.
V. "Subcontractor"means third-parties, if any, engaged by Borrower to aid in performance of
the Work.
W. "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 Exhibit shall be construed and interpreted
as defined in that Exhibit.
4. AMENDMENTS AND OPTION LETTERS .
In the event that the Borrower does not use the full amount authorized,the Parties shall amend this
Contract or the State may exercise an Option Letter (attached as Appendi 2) and incorporated
herein,to decrease the Total Loan Amount including an adjustment of the Or gination Fee to reflect
1% of the actual amount disbursed to the Borrower. An amendment to 's Contract shall be
executed for the following changes including,but not limited to,a change i Pledged Revenues,an
increase in Total Loan Amount, and a decrease in Total Loan Amount with 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 T tal Loan Amount and
if the Borrower requests a change in the annual loan payment; the P ies 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 Borrow r in form substantially
equivalent to Appendix 2 to decrease the term of the loan. If exercise ,the provisions of the
Contract Number:CT2019-2792 Page 6 of 19 Version 0119