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BORROWER: SOUTH SIDE DITCH COMPANY Agency Name: Water Conservation Board <br />Contract No. C150129 Agency Number PDA <br />Original Loan Amount $ 72,720 Routing Number: 08 PDA _� <br />Adjustment (Increase): $15,150 <br />Adjusted Loan Amount $87.,870 <br />LOAN CONTRACT AMENDMENT NO. 1 <br />(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 1 O, 2003� <br />This Amendment, made this April 18, 2008, by and befinreen the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Consenration Board ("CWCB"), and the South Side Ditch Company, 1612 W 1St <br />Street, Loveland, CO 80537, a Colorado nonprofit corporation (" BORROWER " or <br />"CONTRACTOR"�. <br />FACTUAL RECITALS <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available for payment in Contract Encumbrance Number C150129. <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number <br />C150129, dated March 1, 2003 (" ORIGINAL CONTRACT incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$72,720, and the BoRROwER agreed to repay the loan in accordance with the terms of <br />the ORIGINAL CONTRACT. <br />D. During construction of the Project, the BoRROwER encountered unforeseen design <br />modifications not anticipated in the original project cost estimate. To meet the <br />increased costs, the BORROWER requested an additional $15,000 for a total loan <br />amount of $87,870 including the 1% loan origination fee. <br />E. At its March 2008 meeting, the CWCB approved increasing this loan by $15,000 for a <br />total loan amount of up to $87,870. The terms for the additional loan amount are an <br />interest rate of 3.1 % per annum and a repayment period of 30 years. A loan service <br />fee of 1% is included in the additional loan amount In accordance with CWCB Policy <br />No. 16. <br />F. The CWCB and the BoRROwER have agreed to amend this contract to increase the <br />amount of the loan by $15,150 including the 1% loan origination fee for a total loan <br />amount of up to $87,870. <br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this Amendment to the ORi�iNa� CoNTwo,cT consists of the payments <br />that shall be made pursuant to this Amendment and the ORi�itva� CoNTRacT, and the <br />promises and agreements herein set forth. <br />2. 2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT and all terms, conditions, and provisions thereof, unless <br />specifically modified here�n, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br />Page 1 of 5 <br />