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BORROWER: SOUTH SIDE RESERVOIR <br />COMPANY <br />Contract No. C150130 <br />Original Loan Amount: $363,300 <br />Adjustment (Decrease): $202,082.95 <br />Adjusted Loan Amount: $161,217.05 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />LOAN CONTRACT AMENDMENT No . 1 <br />(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 1 O, 2003) <br />This Amendment, made this December 15, 2009, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB"), and the South Side Reservoir Company, P.O. Box 7453, <br />Loveland, CO 80537-0453, 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 otherwise <br />made available for payment in Contract Encumbrance Number C150130. <br />B. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />C. The CWCB and the BoRROwER entered into Contract Encumbrance Number C150130, <br />dated March 1, 2003 (" ORIGINAL CONTRACT incorporated herein by reference, wherein <br />the CWCB agreed to loan money in the total amount up to $363,300, and the BoRROwER <br />agreed to repay the loan in accordance with the terms of the ORi�irva� CoNTRacT. <br />D. The project financed with the loan proceeds was substantially complete as of July 1, <br />2009, and of the $363,300 loan amount available, the BORROwER used only $161,217.05. <br />E. The parties agree to amend the contract to reduce the final loan amount to $161,217.05. <br />NOW THEREFORE, it is hereby agreed that <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 />2. It is expressly agreed by the parties that this Amendment is supplemental to the ORi�nva� <br />CONTRACT and all terms, conditions, and provisions thereof, unless specifically modified <br />herein, are to apply to this Amendment as though they were expressly rewritten, <br />incorporated, and included herein. <br />3. The BoRROwER agrees that it shall execute the following document, all of which shall set <br />forth the revised loan amount of $161,217.05: <br />a. Promissory Note, attached as Appendix A and incorporated herein, which shall <br />replace and supersede the Promissory Note in the amount of $363,300 dated March <br />1, 2003, attached to the ORIGINAL CONTRACT as Appendix 2. <br />Loan Contract C150130 Amendment No.1 <br />Page 1 of 5 <br />