C150358 Contract

• Contract/PO #: C150358
• Contractor Name: Henrylyn Irrigation District
• Contract Type: Loan
• Water District: 1
• County: Weld
• Loan Projects - Doc Type: Contract Documents

CONTRACT AMENDMENT
Amendment#1 Original Loan Contract#C150358 Amendment CMS Number
Original CMS #60693 #69949
1) PARTIES
This Amendment No. 1 (AMENDMENT) to the above-referenced ORIGINAL CONTRACT (hereinafter called
the ORIGINAL CONTRACT) is entered into by and between the Henrylyn Irrigation District, 617 Birch
Street, Hudson, Colorado 80642, an irrigation district pursuant to C.R.S. §37-41-101 to §37-41-160
(BORROWER), and the STATE OF COLORADO (hereinafter called the "STATE") acting by and through
the Department of Natural Resources, Colorado Water Conservation Board, (hereinafter called
"CWCB").
2) EFFECTIVE DATE AND ENFORCEABILITY
This AMENDMENT shall not be effective or enforceable until it is approved and signed by the Colorado
State Controller or designee (hereinafter called the "EFFECTIVE DATE"), but shall be effective and
enforceable thereafter in accordance with its provisions.
3) FACTUAL RECITALS
The Henrylyn Irrigation District was approved for a loan, from the CWCB, totaling $2,967,279.00 on
September 18, 2013 to finance the Prospect Reservoir Dam Facing Project (PROJECT). The PROJECT
was substantially completed as of June 1, 2014. The Parties agree to amend the contract to reduce the
final loan amount. The total amount disbursed under this contract was $1,824,204.41. An adjustment of
$1,143,074.59 will be made to the contract for the funds no longer needed.
4) CONSIDERATION
Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be
made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein
set forth.
The Parties acknowledge that the mutual promises and covenants contained herein and other good
and valuable consideration are sufficient and adequate to support this AMENDMENT.
5) LIMITS OF EFFECT
This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL
CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS.
The ORIGINAL CONTRACT No. C150358 and all prior amendments thereto, if any, are modified as
follows:
a) Amend the contract to reduce the final loan amount. The loan contract was substantially
completed as of June 1, 2014. The total amount disbursed under this contract was
$1,824,204.41. A decrease of $1,143,074.59 will be made to the contract amount for the funds
no longer needed.
b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth
the revised loan amount of$1,824,204.41:
I. AMENDED PROMISSORY NOTE, attached as APPENDIX A, AMENDMENT NO.1 TO LOAN
CONTRACT No. C150358 in the amount of $1,824,204.41 and incorporated herein, which
shall replace and supersede the original PROMISSORY NOTE dated August 9, 2013, in the
amount of$2,967,279, attached to the ORIGINAL CONTRACT as APPENDIX 2.
II. AMENDED SECURITY AGREEMENT, attached hereto as APPENDIX B, AMENDMENT NO. 1 TO
LOAN CONTRACT No. C150358 and incorporated herein, which shall supplement and
operate in conjunction with the original SECURITY AGREEMENT dated August 9, 2013,
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