Colorado - Eagle Park Reservoir Enlargement_Contract Amend #2

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State of Colorado Department of Natural Resources Colorado Water Conservation Board PDA Contract Routing Number 09 PDA 2� �- CONTRACT AMENDMENT #2toGrant ContractC150401 THIS AMENDMENT, by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board located at 1313 Sherman Street, Suite 72, Denver, CO 80203, hereinafter referred to as the State, and the Eagle Park Reservoir Company, a Colorado nonprofit corporation, located at 846 Forest Road, Vail, Colorado 81657, hereinafter referred to as the "Grantee" or "contractor ". FACTUAL RECITALS Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated May 18, 2007 and amended May 27, 2008, for the enlargement of Eagle Park Reservoir, and the purpose for this amendment is described below. Grantee was awarded a grant from the CWCB in the amount of $250,000 for the enlargement of the Eagle Park Reservoir and the associated environmental mitigation. CWCB and Grantee contracted for $180,580 of the available funds based on the estimated budget in 2007. Due to delays in the construction schedule the cost of the project has increased above the 2007 estimated budget. The Grantee has requested and the CWCB has agreed to amend the contract to grant the remaining funds that were originally awarde t1fff mo e Grantee has requested an extension for completion of the project to Elecember 31, 2009. The parties agree to amend the original con r original contract schedule, and the original contract budget table to take into account the construction delays and increased costs for the Eagle Park Reservoir Enlargement Project and to increase the contract amount to $250,000. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original contract, Contract Number C150401, dated May 18, 2007 and amended May 27, 2008, consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this amendment is supplemental to the original Contract Number C150401, dated May 18, 2007 and amended May 27, 2008, referred to as the "original contract," which is, by this reference, incorporated, and made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply Page 1 of 5