PROJ00198

• Contract/PO #: C153668
• Contractor Name: Erie, Town of
• Contract Type: Loan
• Water District: 0
• County: Weld
• Bill Number: SB 90-41
• Loan Projects - Doc Type: Contract Documents

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G. The BORROWER is in substantial compliance with the ORIGINAL CONTRACT and has provided
a parity certificate to the STATE, and based upon its review of said certificate, 'the STATE
executed a Consent to Additional Bonds on August 12, 1997.

NOW THEREFORE, the parties hereby agree that

1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments
which shall be made pursuant to this Amendment and the ORIGINAL CONTRACT, and the
promises and agreements herein set forth. .

2. It is expressly agreed by the parties that this Amendment is supplemental to the
ORIGINAL CONTRACT, and all terms, conditions, and provisions thereof, unless specifically
modified herein, are to apply to this Amendment as though they were expressly
rewritten, incorporated, and included herein.

3. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the
following respects only:

a) Section B.8 is amended by the insertion of the following paragraph after the first
paragraph of said section:

The BORROWER also has pledged revenues from water user charges and fees to
repay the Town of Erie, Colorado, Water Enterprise Bonds, Series 1997B ("1997
Bonds"). The BORROWER hat> provided the STATE with a parity certificate,
attached hereto as Attachment A and incorporated herein, issued by an
independent certified public accountant, certifying that the BORROWER'S rate
schedule will generate revenuet> in an amount sufficient to pay annual operating
and maintenance expenses, make deposits to all required reserve funds, and
make all payments on both existing and proposed indebtedness. Based upon its
review of the parity certificate, the STATE has executed a Consent to Additional
Bonds, attached hereto as Attachment B and incorporated herein, to evidence
its consent to the issuance of the 1997 Bonds with a lien on the net revenues of
the water system which is on a parity with the STATE'S lien under this Contract.

b) Paragraph 8.b. is amended to read as follows:

b. repayment of the loans covered by this Contract and of the Town of Erie,
Colorado, Water Enterprise Bonds, Series 19978.

c), The SpeciaL Provisions (on Pages 12-13 of the ORIGINAL CONTRACT) are
amended by the addition of the following:

11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may
withhold debts owed to state agencies under the vendor offset intercept system
for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance
of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c)
unpaid loans due to the student loan division of the department of higher
education; (d) owed amounts required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any agency
thereof, the amount of which is found to be owing as a result of final agency
determination or reduced to judgment as certified by the controller.

Town of Erie and Erie Water Department

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