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<br />, <br /> <br />BORROWER: lOWER SOUTH PLATTE WCD <br />Contract No. C150067 <br />Original loan Amount $100,000 <br />Adjustment (Decrease): $43,212.70 <br />Adjusted loan Amount $56,787.30 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 05 PDA O[){)d.-q <br /> <br />LOAN CONTRACT AMENDMENT No.1 <br /> <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this November 1, 2004, 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"), and lower South Platte Water Conservancy <br />District, acting by and through the lower South Platte Recharge Project Water Activity <br />Enterprise, 100 Broadway Plaza #12, Sterling, CO 80750 BORROWER" or "CONTRACTOR"). <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 C150067, <br />Fund Number 424, Organization YVYY, Appropriation Code MC3, GBl l067, <br />Program WTRC, Object Code 5560, Reporting Category 0067. <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />C. The CWCB and the BORROWER entered into Contract Encumbrance Number <br />C150067, dated October 1, 2001 ("ORIGINAL CONTRACT"), incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$100,000, and the BORROWER agreed to repay the loan in accordance with the terms <br />of the ORIGINAL CONTRACT. <br /> <br />D. The Project was substantially complete as of February 1, 2004. <br /> <br />E. Of the $100,000 loan amount available, only $56,787.30 was disbursed to the <br />BORROWER for the PROJECT. <br /> <br />F. The parties agree to amend the contract to reduce the final loan amount. <br /> <br />NOW THEREFORE, it is hereby agreed that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br />that shall be made pursuant to this Amendment and ORIGINAL CONTRACT and the <br />promises and agreements herein set forth. <br /> <br />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 herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br /> <br />3. The BORROWER agrees that it shall execute the following documents, all of which shall <br />set forth the revised loan amount of $56,787.30: <br /> <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br /> <br />Page 1 of 3 <br />