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State of Colorado <br />Department of Natural <br />Resources <br />Colorado Water Conservation <br />Board <br />PDA <br />Contract Routing Number <br />08 PDA ?~ <br />CONTRACT AMENDMENT#1toGrant ContractC150401 <br />THIS AMENDMENT, by and between the State of Colorado for the use and benefit of the <br />Department of Natural Resources, Colorado Water Conservation Board located at 1313 Sherman <br />Street, Suite 72, Denver, CO 80203, hereinafter referred to as the State, and the Eagle Park <br />Reservoir Company, a Colorado nonprofit corporation, located at 846 Forest Road, Vail, <br />Colorado 81657, hereinafter referred to as the contractor. <br />FACTUAL RECITALS <br />Authority exists in the law and funds have been budgeted, appropriated, and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment; and <br />Required approval, clearance, and coordination has been accomplished from and with appropriate <br />agencies; and <br />The parties entered into a contract dated May 18, 2007, for the enlargement of Eagle Park <br />Reservoir, the purpose for this amendment is described below. <br />Early snowfall during the fall and winter of 2007 at the Eagle Park Reservoir site on Freemont <br />Pass precluded site access and the start of construction of the project. <br />The parties agree to amend the original contract and the original contract schedule to take into <br />account the weather delays for the Eagle Park Reservoir Enlargement Project. <br />NOW THEREFORE, it is hereby agreed that <br />1. Consideration for this amendment to the original contract, Contract Number C150401, dated <br />May 18, 2007, consists of the payments which shall be made pursuant to this amendment and <br />the promises and agreements herein set forth. <br />2. It is expressly agreed by the parties that this amendment is supplemental to the original <br />Contract Number C150401, dated May l8, 2007, referred to as the "original contract," which <br />is, by this reference, incorporated, and made a part hereof, and all terms, conditions, and <br />provisions thereof, unless specifically modified herein, are to apply to this amendment as <br />though they were expressly rewritten, incorporated, and included herein. <br />3. It is agreed the original contract is and shall be modified, altered, and changed in the <br />following respects only: <br />a. Paragraph 4.1 is amended to read as follows: "This contract shall be effective upon <br />approval by the Colorado State Controller, or designee, (the "Effective Date") and extend <br />Page 1 of 3 <br />