Laserfiche WebLink
CONTRACT AMENDMENT <br /> Amendment No. 1 Original Loan Contract No. Amendment CMS No. 67331 <br /> C150349 <br /> CMS No. 55869 <br /> 1) PARTIES <br /> This Amendment No. 1 (AMENDMENT) to the above-referenced ORIGINAL CONTRACT (hereinafter called <br /> the ORIGINAL CONTRACT) is entered into by and between the Ordway Feedyard, LLC., 19424 <br /> Colorado Hwy 96, Ordway, Colorado 81063, a Colorado nonprofit corporation (BORROWER), and the <br /> STATE OF COLORADO (hereinafter called the "STATE") acting by and through the Department of <br /> Natural Resources, Colorado Water 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 Colorado <br /> State Controller or designee (hereinafter called the "EFFECTIVE DATE"), but shall be effective and <br /> enforceable thereafter in accordance with its provisions. <br /> 3) FACTUAL RECITALS <br /> The Ordway Feedyard, LLC was approved for a loan, from the CWCB, totaling $2,525,000 on March <br /> 19, 2013, to finance the Ordway Feedyard Raw Water Line Extension Project. The PROJECT was <br /> substantially completed as of April 1, 2014. The Parties agree to amend the contract to reduce the final <br /> loan amount. The total amount disbursed under this contract was $2,116,564.05. An adjustment of <br /> $408,435.95 will be made to the contract for the funds no longer needed. <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. C150349 and all prior amendments thereto, if any, are modified as <br /> follows: <br /> a) Amend the contract to reduce the final loan amount. The loan contract was substantially <br /> completed as of April 1, 2014. The total amount disbursed under this contract was <br /> $2,116,564.05. A decrease of$408,435.95 will be made to the contract amount for the funds no <br /> longer needed. <br /> b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the revised loan amount of$2,116,564.05: <br /> I. AMENDED PROMISSORY NOTE attached hereto as APPENDIX A, AMENDMENT NO. 1 TO LOAN <br /> CONTRACT No. C150349 in the amount of $2,116,564.05 and incorporated herein, which <br /> shall replace and supersede the original PROMISSORY NOTE dated April 23, 2013 in the <br /> amount of$2,525,000 attached to the ORIGINAL CONTRACT as Appendix 2. <br /> Amendment No. 1 to Loan Contract C150349 <br /> Page 1 of 3 <br />