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BORROWER: PLATTE VALLEY IRRIGATION Agency Name: Water Conservation Board <br /> COMPANY Agency Number PDA <br /> Contract No. C150235 Routing Number: 09 PDA a2/2-3 <br /> LOAN CONTRACT AMENDMENT NO. 1 <br /> (STANDARD CONTRACT—WAIVER#160—APPROVED NOVEMBER 10,2003) <br /> This Amendment, made this May 1, 2009, by and between the State of Colorado <br /> for the use and benefit of the Department of Natural Resources, Colorado Water <br /> Conservation Board ("CWCB"), and the Platte Valley Irrigation Company, a Colorado <br /> nonprofit corporation, P.O. Box 1318, Greeley, CO 80632 ("BORROWER" or"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 C150235. <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 C150235, <br /> dated January 10, 2007 ("ORIGINAL CONTRACT"), incorporated herein by reference, <br /> wherein the CWCB agreed to loan money in the total amount up to $2,388,650, and the <br /> BORROWER agreed to repay the loan in accordance with the terms of the ORIGINAL <br /> CONTRACT. <br /> D. The BORROWER has requested an extension in the time the CWCB has allowed for <br /> completion of the Project. <br /> E. The CWCB has reviewed the BORROWER'S request and has agreed to amend this <br /> contract to extend the time for completion of the project until December 31, 2010. <br /> NOW THEREFORE, it is hereby agreed that <br /> 2. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br /> that shall be made pursuant to this Amendment and the ORIGINAL CONTRACT and the <br /> promises and agreements herein set forth. <br /> 3. 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 specifically <br /> modified herein, are to apply to this Amendment as though they were expressly <br /> rewritten, incorporated, and included herein. <br /> 4. The CWCB agrees that it shall extend the time for completion of the BORROWER'S <br /> Project until December 31, 2010. <br /> 5. The parties agree that the ORIGINAL CONTRACT, is and shall be modified, altered, and <br /> changed in the following respects only: <br /> a. Section 11 of the Project Summary, Time for Performance, is revised to read as <br /> follows: PROJECT Finish: December 31, 2010. <br /> Page 1 of 5 <br />