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BORROWER: DEUEL AND SNYDER <br />IMPROVEMENT COMPANY <br />Contract No. C150288 <br />Original Loan Amount $90,900 <br />Adjustment (Increase): $18,153 <br />Adjusted Loan Amount $109,053 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />C-M 5 40- �f/. S?6 <br />LOAN CONTRACT AMENDMENT NO.1 <br />(STANDARD CONTRACT — WAIVER #160— APPROVED NOVEMBER 10, 2003) <br />This Amendment, made this February 14, 2012, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado <br />Water Conservation Board ( "CWCB "), and the Deuel and Snyder Improvement Company, <br />a Colorado nonprofit corporation ( "BORROWER" or `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 C150288. <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 Contract Encumbrance Number <br />C150288, dated May 18, 2009 ( "ORIGINAL CONTRACT "), incorporated herein by <br />reference, wherein the CWCB agreed to loan money in the total amount up to <br />$90,900, and the BORROWER agreed to repay the loan in accordance with the terms of <br />the ORIGINAL CONTRACT. <br />D. During bidding of the Project, the BORROWER encountered unforeseen costs not <br />anticipated in the original project cost estimate. These items increased the cost of <br />the PROJECT to $119,970. To meet the increased costs, the BORROWER requested <br />an additional $18,153 for a total loan amount of $109,053. <br />E. At its January 2012 meeting, the CWCB approved increasing this loan by $18,153 for <br />a total loan amount of up to $109,053 to finance up to 90% of the total Project costs. <br />The terms for the additional loan amount are an interest rate of 2.50% per annum <br />and a repayment period of 30 years. A loan service fee of I% has been imposed on <br />the additional loan amount In accordance with CWCB Policy No. 16. <br />F. Furthermore, the BORROWER has requested an extension in the time the CWCB has <br />allowed for completion of the Project. <br />G. The CWCB and the BORROWER have agreed to amend this contract to increase the <br />amount of the loan by $18,153 including the 1% loan service fee for a total loan <br />amount of up to $109,053 which may be used to finance up to 90% of the total Project <br />cost, and to extend the time for completion of the project for an additional two (2) <br />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 />Page 1 of 6 <br />