PROJ00491

• Contract/PO #: C153668
• Contractor Name: Erie, Town of
• Contract Type: Loan
• Water District: 6
• County: Weld
• Bill Number: SB 90-41
• Loan Projects - Doc Type: Contract Documents

" ,
" BORROWER: ERIE, TOWN OF
Contract No. C153668

Agency Name: Water Conservation Board
Agency Number PDA
Routing Number: 03 PDA 0 00 ~ <{

LOAN CONTRACT AMENDMENT NO.2

This Amendment, made this March 15, 2003, by and between the State of
Colorado for the use and benefit of the Department of Natural Resources, Colorado Water
Conservation Board ("State" and/or "CWCB"), and the Town of Erie, Colorado and the Erie
Water Department, P. O. Box 100, Erie, Colorado 80516 ("Contractor" and/or
"BORROWER").

Factual Recitals

A. Authority exists in the law, and funds have been budgeted, appropriated, and
otherwise made available for payment in Contract Encumbrance Number C153668.

B, Required approval, clearance, and coordination have been accomplished from and
with appropriate agencies,

C, The CWCB and the BORROWER entered into Contract Encumbrance Number
C153668 dated March 3, 1994, and amended on December 19, 1997, ("ORIGINAL
CONTRACT"), incorporated herein by reference, wherein the CWCB agreed to loan
money in the amount of $1,544,000, and the BORROWER agreed to repay the loan in
accordance with the terms of the ORIGINAL CONTRACT.

D. The BORROWER requested substitution of the collateral pledged in the ORIGINAL
CONTRACT to secure the loan, consisting of a pledge of revenues from water user
charges and fees, and the BORROWER'S interest in its Allotment Contract with the
Northern Colorado Water Conservancy District - Southern Water Supply Project
Activity Enterprise dated January 14, 1994, with a special fund and trust account that
will generate sufficient funds' annually to make the loan payment required by this
contract.

E. The CWCB approved the BORROWER'S request at its March 2001 meeting.

NOW THEREFORE, it is hereby agreed that

1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the
payments which shall be made pursuant to this Amendment and 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. The addition of Paragraph B,7.c as follows: "At its March 2001 meeting, the
CWCB agreed to allow the BORROWER to substitute collateral. The CWCB has

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