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AGENCY NAME: Water Conservation Board AGENCY NUMBER: PDA ROUTING NUMBER: e5'� lr7o 7 CONTRACT AMENDMENT #1 THIS AMENDMENT, made this lad day 6 by and between the State of Colorado for the use and benefit of the Department of Natural Resourc s, Aoorado Water Conservation Board (CWCB), hereinafter referred to as the STATE, and the Colorado River Water Conservation District, hereinafter referred to as the CONTRACTOR. FACTUAL RECITALS 1. 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 in Fund Number 424, Appropriation Code 368, Contract Encumbrance Number C153629; and 2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and 3. The STATE and the CONTRACTOR entered into a contract dated September 30, 1992, Contract Routing Number 93247, Contract Encumbrance Number C153629, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein by reference, wherein the STATE agreed to loan money in the total amount of $20,000,000, and the CONTRACTOR agreed to repay the loan in accordance with the terms of the ORIGINAL CONTRACT; and 4. According to Paragraph B.16 on page 6 of the ORIGINAL CONTRACT, the first payment is due and payable on the January 1 st of the year after which storage commences in the reservoir; and 5. Although the CONTRACTOR has completed construction of the dam and started filling the reservoir on May 20, 1995, there are still portions of the Project that have not b pleted, including the recreational area; and 6. Since the Project is not yet completed, the f the 4&dq that will ultimately be used out of the $20,000,000 authorization cannot yet be determi , th e, xact amount of the loan payment cannot be ascertained; and 7. The CONTRACTOR submitted a letter dated r 1 , 1995, attached hereto as ATTACHMENT A and made a part hereof, requesting that the ORIGINAL CON a amended to change the date that the first payment is due; and 8. The STATE has reviewed the situation and is satisfied that it is not possible to determine the annual payment amount until the Project has been substantially completed and the CONTRACTOR has finished requesting funds pursuant to the ORIGINAL CONTRACT. NOW THEREFORE, it is hereby agreed that 1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which shall be made pursuant to this Amendment and ORIGINAL CONTRACT 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, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. Colorado River Water Conservation Board Page 1 of 2 CONTRACT AMENDMENT #1