Laserfiche WebLink
CONTRACT AMENDMENT Original Amendment#1 CMS#47601 Loan Contract I (to Amendment le CMS Number <br /> Contract# C150333 #60151 <br /> _..] <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 Montezuma Valley Irrigation Company, <br /> 11501 Hwy 491, Cortez, Colorado 81321, a Colorado nonprofit corporation (Borrower), and the STATE <br /> OF COLORADO (hereinafter called the "STATE") acting by and through the Department of Natural <br /> 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 Montezuma Valley Irrigation Company was approved for a loan, from the CWCB, totaling <br /> $338,603.00 in August 2012 to finance the Lone Pine and May pipeline Improvement Project. The <br /> PROJECT was substantially completed as of April 1, 2013. The Parties agree to amend the contract to l <br /> reduce the final loan amount. The total amount disbursed under this contract was $252,225.22. An <br /> adjustment of$86,377.78 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 /> q <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. C150333 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, 2013. The total amount disbursed under this contract was $252,225.00. <br /> A decrease of$86,377.78 will be made to the contract for the funds no 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$252,225.22: <br /> I. PROMISSORY NOTE, attached as APPENDIX A and incorporated herein, which shall replace <br /> and supersede the PROMISSORY NOTE in the amount of $338,603.00 dated July 2, 2012, <br /> attached to the ORIGINAL CONTRACT as Appendix 2. <br /> II. Amended SECURITY AGREEMENT, attached hereto as APPENDIX B and incorporated herein, <br /> which shall supplement and operate in conjunction with the SECURITY AGREEMENT dated <br /> July 2, 2012, attached to the ORIGINAL CONTRACT as Appendix 4. <br /> Amendment No. 1 to Loan Contract C150_3;3 <br /> Page 1 of 3 <br />