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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 />b. Paragraphs A.9 and A.9.b of the ORIGINAL CONTRACT shall be amended to read as <br />follows: <br />9. Promissory Note Provisions. The Promissory Note setting forth the terms of <br />repayment and evidencing this debt in the amount of up to $2,658,500 at an <br />interest rate of 4% for a term of thirty (30) years is attached as Appendix A <br />and incorporated herein. <br />b. Interest During Construction. As the loan funds are disbursed by the <br />STATE to the BORROWER during PROJECT completion, interest shall accrue at <br />the rate of 4.15% per annum on the first $1,202,000 disbursed and at the rate <br />of 4% per annum on the remaining $1,456,500 disbursed. The STATE shall <br />calculate the amount of the interest accrued during PROJECT completion and <br />shall bill the BORROWER upon completion of the PROJECT. The BORROWER <br />shall pay the interest during construction within ten (10) days after receipt of <br />said bill. <br />c. Paragraph A.15.b shall be amended to read as follows: <br />Establish Security Interest. The BORROWER agrees that, in order to provide a <br />security interest for the STATE in the pledged property so that the STATE shall have <br />priority over all other competing claims for said property, it has executed an <br />Amendment No. 2 to Security Agreement, attached hereto as Appendix D and <br />incorporated herein. The STATE shall perfect its security interest in the BORROWER'S <br />right to receive assessment revenues by filing a UCC Form with the Colorado <br />Secretary of State. <br />d. Special Provisions are amended by the addition of the following: <br />SOFTWARE PIRACY PROHIBITION. Governor's Executive Order 0002 00 <br />No State or other public funds payable under this contract shall be used for the <br />acquisition, operation or maintenance of computer software in violation of United <br />States copyright laws or applicable licensing restrictions. The Contractor hereby <br />certifies that, for the term of this Contract and any extensions, the Contractor has <br />in place appropriate systems and controls to prevent such improper use of public <br />funds. If the State determines that the Contractor is in violation of this paragraph, <br />the State may exercise any remedy available at law or equity or under this <br />contract, including, without limitation, immediate termination of the contract and <br />any remedy consistent with United States copyright laws or applicable licensing <br />restrictions. <br />8. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, <br />or contradiction between the provisions of this Amendment and any of the provisions of <br />the ORIGINAL CONTRACT, as amended, the provisions of this Amendment shall in all <br />respects supersede, govern, and control. The SPECIAL PROVISIONS shall always be <br />controlling over other provisions in the contract or amendments. The representations in <br />the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences and <br />personal interest of STATE employees are presently reaffirmed. <br />9. Financial obligations of the state payable after the current fiscal year are contingent <br />upon funds for that purpose being appropriated, budgeted, and otherwise made <br />available. <br />10. This amendment shall not be deemed valid or effective until it shall have been approved <br /> <br />Page 3 of 4 <br />
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