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AGENCY NAME: Water Conservation Board AGENCY NUMBER: PDA ROUTING NUMBER: 0::2. jJ aOD;) q Con t r act Arne n d men t No. 3 THIS AMENDMENT, made this 1st day of October 2001, by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board (CWCB), hereinafter referred to as the STATE, and The North Poudre Irrigation Company, a Colorado nonprofit corporation, 3729 Cleveland Avenue, P.O. Box 100, Wellington, Colorado 80549, hereinafter referred to as the CONTRACTOR. Factual Recitals A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment under Contract Encumbrance Number C153496. B. Required approval, clearance, and coordination has been accomplished from and with appropriate. agencies. C. The State and the Contractor entered into a contract dated July 31, 1987, Contract Encumbrance Number C153496, and amended on November 27, 1989 and December 17, 1990, hereinafter referred to as the Original Contract and incorporated herein by reference, wherein the State agreed to loan money in the total amount of $404,501.99 and the Contractor agreed to repay the loan in accordance with the terms of the Original Contract. D. At its January 27. 1999 meeting, the CWCB approved a loan to the Contractor for rehabilitation projects on Reservoir No.4, Reservoir No.5, and Indian Creek Reservoir in an amount up to $1,107,000, at an interest rate of 4.04% per annum for a duration of 20 years. As a condition of its approval of that loan, the Board requested that the Contractor provide substitute collateral to better secure the principal balance on four existing Construction Fund loans with contract nos. C153385, C153449, C153496, and C153572. E. The parties agree to amend the contract to provide the substitute collateral and to secure it with a Deed of Trust. 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 the Original Contract, as amended, 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, as amended, 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.