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<br />" <br /> <br />\ <br />, <br /> <br />BORROWER/AsSIGNOR: WELD COUNTY <br />TRI-AREA SANITATION DISTRICT WATER <br />ACTIVITY ENTERPRISE <br />ASSIGNEE: ST. VRAIN SANITATION <br />DISTRICT, ACTING BY AND THROUGH ITS <br />WATER ACTIVITY ENTERPRISE <br />Contract No. C150036 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 08 PDA ()oo5o <br /> <br />LOAN CONTRACT AMENDMENT No.2 <br />(STANDARD CONTRACT - WAIVER #160 - ApPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this December 12, 2007 by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Board ("CWCB"), Weld County Tri-Area Sanitation District, acting by <br />and through its Water Activity Enterprise ("BORROWER" or "ASSIGNOR"), and S1. Vrain <br />Sanitation District, acting by and through its Water Activity Enterprise ("ST. VRAIN"). <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists, in the law, and funds have been budgeted, appropriated, and <br />otherwise made available for payment in Contract Encumbrance Number C150036. <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />C. The CWeB and the BORROWER entered into Contract Encumbrance Number <br />C150036, dated April 1, 2002, and amended on September 9, 2003 ("ORIGINAL <br />CONTRACT"), incorporated herein by reference, wherein the CWCB agreed to loan <br />money in the total amount up to $2,002,400, and the BORROWER agreed to repay the <br />loan in accordance with the terms of the ORIGINAL CONTRACT. <br /> <br />D. The Project was substantially complete as of August 1, 2003. <br /> <br />E. The Borrower and ST. VRAIN have entered into a Dissolution Agreement, dated August <br />15, 2007, whereby the Borrower will dissolve and ST. VRAIN will assume the duties, <br />functions and liabilities of the Borrower. <br /> <br />F. ST. VRAIN has adopted resolutions dated December 12, 2007, attached hereto as <br />Appendix A, authorizing ST. VRAIN to assume this loan obligation and to execute all <br />necessary documents herewith. <br /> <br />G. Of the $2,002,400 loan amount ("Loan Amount") due under the ORIGINAL CONTRACT, <br />the BORROWER has made principal payments totaling $95,013.17, leaving a principal <br />balance due at the time of this agreement of $1 ,907,386.83. <br /> <br />H. The parties agree to amend the contract to name S1. Vrain as the borrower and to <br />adjust the loan amount to reflect the current principal balance due and stated in the <br />attached Promissory Note. <br /> <br />I. The parties further agree that ST. VRAIN is assuming all of the duties and obligations <br />under the ORIGINAL CONTRACT and Loan Contract Amendment No.1. <br /> <br />1 <br /> <br />