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PROJ00282
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PROJ00282
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Last modified
11/19/2009 11:43:16 AM
Creation date
10/5/2006 11:47:36 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C153725
Contractor Name
Windsor Reservoir and Canal Company
Contract Type
Loan
Water District
0
County
Larimer
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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<br />2. It is expressly agreed by the parties that this Amendment is supplemental to the ORIGINAL <br />CONTRACT and all terms, conditions, and provisions thereof, unless specifically modified <br />herein, are to apply to this Amendment as though they were expressly rewritten, <br />incorporated, and included herein. <br /> <br />3. The CWCB agrees that it shall loan the BORROWER an additional loan amount of <br />$301,500 (ADDITIONAL LOAN AMOUNT). The terms for the ADDITIONAL LOAN AMOUNT are an <br />interest rate of 4% per annum for a term of 30 years. The BORROWER hereby agrees to <br />repay the loan in accordance with the terms of the ORIGINAL CONTRACT as herein amended <br />and the attached Promissory Note. <br />4. The BORROWER has adopted a resolution, irrepealable for the term of this loan, authorizing <br />the BORROWER to enter into this contract amendment to borrow the ADDITIONAL LOAN <br />AMOUNT, to establish and collect assessments sufficient to pay the annual loan payments, <br />to pledge said assessments for repayment of the loan, and to execute documents <br />necessary to convey a security interest in said assessments and collateral, if necessary, to <br />the CWCB. Said resolution is attached as Appendix A. <br /> <br />5. Prior to the execution of this Amendment by the CWCB, the BORROWER shall submit to <br />the CWCB a letter from its attorney stating that it is the attorney's opinion that (1) the <br />person(s) signing for the BORROWER was duly elected or appointed and has authority to <br />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 <br />Amendment; (3) there are no provisions in the any state or local law that prevent this <br />Amendment from binding the BORROWER; and (4) this Amendment will be valid and <br />binding against the BORROWER if entered into by the CWCB. <br /> <br />6. The BORROWER agrees that it shall execute the following documents, all of which shall set <br />forth the loan amount of $2,658,500: <br /> <br />a. Promissory Note, attached as Appendix B and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $2,357,000 dated April <br />1 , 2001. <br /> <br />b. Amended Deed of Trust, attached hereto as Appendix C and incorporated herein, <br />which shall supplement and operate in conjunction with the Deed of Trust dated <br />December 9, 1996 and the Amended Deed ofT rust dated April 1 , 2001. <br /> <br />c. Amendment No. 2 to Security Agreement, attached hereto as Appendix D and <br />incorporated herein, which shall supplement and operate in conjunction with the <br />Security Agreement dated October 23, 1996 and the Amended Security Agreement <br />dated April 1, 2001. <br /> <br />7. The parties agree that the ORIGINAL CONTRACT, is and shall be modified, altered, and <br />changed in the following respects only: <br />a. The third line of Paragraph A.2, Time for Project Completion, shall be amended to <br />read as follows: ''with construction in order to complete the PROJECT no later than <br />December 31, 2003." <br /> <br />Page 2 of 4 <br />
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