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<br />BORROWER: LARIMER AND WELD <br />IRRIGATION COMPANY <br />Contract No. C150189 <br />Original Loan Amount $1,515,000 <br />Adjustment (Increase): $105,492 <br />Adjusted Loan Amount $1,620,492 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 08 PDA tJ(J~5r <br /> <br />LOAN CONTRACT AMENDMENT No.1 <br />(STANDARD CONTRACT - WAIVER #160 - ApPROVED NOVEMBER 10, 2003) <br /> <br />This Amendment, made this 4th day of January, 2008, 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 Larimer & Weld Irrigation Company, P.O. Box 206, <br />Eaton, CO 80615, a Colorado nonprofit corporation, ("BORROWER" or "CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise <br />made available for payment in Contract Encumbrance Number C150189. <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 C150189, <br />dated December 15, 2004, ("ORIGINAL CONTRACT"), incorporated herein by reference, <br />wherein the CWCB agreed to loan money in the total amount up to $1,515,000, and the <br />BORROWER agreed to repay the loan in accordance with the terms of the ORIGINAL <br />CONTRACT. <br />D. During construction of the Project, the BORROWER encountered unforeseen cost <br />overruns not anticipated in the original project cost estimate. These items increased <br />the cost of the PROJECT by $116,020. To meet the increased costs, the BORROWER <br />requested an additional $105,492 for a total loan amount of $1 ,620,492. <br />E. At its September 2007 meeting, the CWCB approved increasing this loan by $105,492 <br />for a total loan amount of up to $1,620,492 to finance up to 90% of the total Project <br />costs. The terms for the additional loan amount are an interest rate of 2.5% per <br />annum and a repayment period of 30 years. A loan service fee of 1 % shall be imposed <br />on the 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 $105,492 plus the 1 % loan service fee for a total loan amount of <br />up to $1,620,492 which may be used to finance up to 90% of the total Project cost. <br />G. Furthermore, the BORROWER has requested an extension in the time the CWCB has <br />allowed for completion of the Project. <br />H. 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 for an additional 2 years. <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 the ORIGINAL CONTRACT, and the <br />promises and agreements herein set forth. <br /> <br />Page 1 of 6 <br />