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PROJC00622
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PROJC00622
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Last modified
11/19/2009 11:10:43 AM
Creation date
10/6/2006 12:11:37 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C153725
Contractor Name
Windsor Reservoir and Canal Company
Contract Type
Loan
Water District
3
County
Larimer
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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<br />b. Paragraph A.9 of the ORIGINAL CONTRACT shall be amended to read as follows: <br /> <br />9. Promissory Note Provisions. The Promissory Note setting forth the <br />terms of repayment and evidencing this debt in the amount of up to <br />$2,357,000 at an interest rate of 4.08% per annum for a term of thirty (30) <br />years is attached as Attachment 2 and incorporated herein. <br /> <br />a. Final Loan Amount. In the event that the final loan amount is at least <br />90% of the AUTHORIZED LOAN AMOUNT, the STATE shall apply the <br />remaining loan funds to reduce the final loan amount and the annual <br />loan payment shall remain the same. If the final loan amount is less <br />than 90% AUTHORIZED LOAN AMOUNT, the State may apply those funds <br />to reduce the final loan amount with the BORROWER'S consent, or the <br />STATE and the BORROWER shall execute an amendment which will <br />establish the final loan amount and amend or replace the loan <br />documents that reflect the final loan amount, including the Promissory <br />Note, the Security Agreement and the Deed of Trust. <br /> <br />b. Interest During Construction. As the loan funds are disbursed by the <br />STATE to the BORROWER during PROJECT completion, interest shall <br />accrue at the rate of 4.15% per annum on the first $1,202,000 <br />disbursed and at the rate of 4% per annum on the remaining <br />$1,155,000 disbursed. The STATE shall calculate the amount of the <br />interest accrued during PROJECT completion and shall bill the <br />BORROWER upon completion of the PROJECT. The BORROWER shall pay <br />the interest during construction within ten (10) days after receipt of said <br />bill. <br /> <br />c. Paragraph A.11, Collateral, shall be amended to read as follows: <br /> <br />11. Collateral. Part of the security provided for this loan, as evidenced by the <br />executed amended deed of trust attached as Attachment 3 and incorporated <br />herein, shall be an undivided one hundred percent interest in the following, <br />hereinafter referred to as Security: (1) the diversion structure of the Poudre <br />Valley Canal on the Poudre River, (2) Cobb Lake, (3) Annex No.8, (4) Elder <br />Reservoir, and (5) Windsor Reservoir No.8, all more particularly described <br />on the attached amended deed of trust." <br /> <br />d. Paragraph A.15.b shall be amended to read as follows: <br /> <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 <br />have priority over all other competing claims for said property, it shall execute a <br />Security Agreement, attached hereto as Attachment 4 and incorporated herein. <br />The STATE shall perfect its security interest in the BORROWER'S right to receive <br />assessment revenues by filing a UCC-1 Form with the Colorado Secretary of <br />State. <br /> <br />e. Special Provisions are amended by the addition of the following: <br /> <br />11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may <br />withhold debts owed to state agencies under the vendor offset intercept <br /> <br />The Windsor Reservoir and Canal Company <br /> <br />Page 3 of 4 <br /> <br />Amendment No.1 <br />
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