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. , , <br />. _ <br />BORROWER: NORTH POUDRE IRRIGATION <br />Co. <br />Contract No. C150170 <br />Original Loan Amount $614,080 <br />Adjustment (Increase): $121,200 <br />Adjusted Loan Amount $735,280 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 07 PDA '%�cj 1 <br />LOAN CONTRACT AMENDMENT NO. 1 <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 1 O, 2003) <br />This Amendment, made this November 3, 2006, by and befinreen the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Board ("CWCB"), and The North Poudre Irrigation Company, 3229 <br />Cleveland Avenue, Wellington, Colorado 80539, a Colorado nonprofit corporation <br />("BORROWER" OP "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 C150170. <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 Cantract Encumbrance Number <br />C150170, dated August 1, 2004 (" ORIGINAL CONTRACT incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$614,080, and the BoRROwER agreed to repay the loan in accordance with the terms <br />Of the ORIGINAL CONTRACT. � <br />D. During construction of the Project, the BORROWER encountered unforeseen <br />additional work and cost variations �for specific items not anticipated in the original <br />project cost estimate. These items increased the cost of the PRO�ECr by $403,405. <br />To meet the increased costs, the BoRROwER requested an additional $120,000 for <br />a total loan amount of $735,280. <br />E. At its July 2006 meeting, the CWCB approved increasing this loan by $120,000 for a <br />total loan amount of up to $735,280 to finance up to 90% of the total Project costs. <br />The terms for the additional loan amount are an interest rate of 3.25% per annum and <br />a repayment period of 20 years. A loan service fee of 1% shall be imposed on the <br />additional loan amount In accordance with CWCB Policy No. 16. <br />F. The CWCB and the BoRROwER have agreed to amend this contract to increase the <br />amount of the loan by $120,000 plus the 1°Io loan service fee for a total loan amount <br />of up to $735,280 which may be used to finance up to 90% of the total Project cost. <br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this Amendment to the ORi�iNa� CoNTRacr consists of the payments <br />that shall be made pursuant to this Amendment and the ORi�irva� 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 />Page 1 of 5 <br />