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C150237 contract docs
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Last modified
12/18/2015 1:03:46 PM
Creation date
2/11/2011 1:20:07 PM
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Loan Projects
Contract/PO #
CT2015-040
C150237
Contractor Name
Penrose Water District
Contract Type
Loan
County
Fremont
Bill Number
SB 07-122
Loan Projects - Doc Type
Contract Documents
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CONTRACT AMENDMENT <br /> Amendment Original CMS No.27312 Amendment CMS No. 74781 <br /> No.1 COFRS No.C150237 <br /> CORE No. CT2015-040 <br /> 1) PARTIES <br /> This Amendment No.1 (AMENDMENT) to the above-referenced ORIGINAL LOAN CONTRACT (hereinafter <br /> called the ORIGINAL CONTRACT) is entered into by and between the Penrose Water District, acting <br /> by and through its Water Activity Enterprise, 340 Grant Street, Penrose, Colorado 81240, <br /> (hereinafter called "BORROWER" or"DISTRICT"), and the STATE OF COLORADO (hereinafter called <br /> the"STATE") acting by and through the Department of Natural Resources, Colorado Water <br /> Conservation Board, (hereinafter called "CWCB"). <br /> 2) EFFECTIVE DATE AND ENFORCEABILITY <br /> This AMENDMENT shall not be effective or enforceable until it is approved and signed by the <br /> Colorado State Controller or designee (hereinafter called the "EFFECTIVE DATE"), but shall be <br /> effective and enforceable thereafter in accordance with its provisions. <br /> 3) FACTUAL RECITALS <br /> The Penrose Water District, requested an increase to its existing CWCB LOAN CONTRACT NUMBER <br /> C150237 for the Raw Water Acquisition and Utilization Project (PROJECT). The Project is for the <br /> purchase of water rights, construct a raw water pipeline and acquire storage space in Brush Hollow <br /> Reservoir. The BORROWER is requesting a loan increase, for increased costs, due to the need to <br /> purchase additional water rights, acquire related reservoir storage, prepare additional engineering <br /> studies and fund increased construction costs. This request increases the existing CWCB loan <br /> amount from $8,844,570 to $9,763,670. At its November 20, 2014 meeting, the CWCB approved <br /> increasing this loan by$919,100. <br /> 4) CONSIDERATION <br /> Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be <br /> made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein <br /> set forth. <br /> The Parties acknowledge that the mutual promises and covenants contained herein and other good <br /> and valuable consideration are sufficient and adequate to support this AMENDMENT. <br /> 5) LIMITS OF EFFECT <br /> This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL <br /> CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as <br /> specifically modified herein. <br /> 6) MODIFICATIONS <br /> The ORIGINAL CONTRACT No. C150237 and all prior amendments thereto, if any, are modified as <br /> follows: <br /> a) Amend this contract to increase the total loan amount by $919,100 increasing the LOAN <br /> CONTRACT total amount from $8,844,570 to $9,763,670. The terms for the additional loan <br /> amount remain at an interest rate of 3.25% per annum and a repayment period of 30 years. A <br /> loan service fee of 1% shall be imposed on the additional loan amount in accordance with <br /> CWCB Policy Number 16. <br /> b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the revised loan amount of$9,763,670: <br /> Amendment No.1 to Loan Contract C150237 <br /> Page 1 of 3 <br />
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