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CONTRACT AMENDMENT <br /> Amendment No.2 Original CMS No. 51454 Amendment CMS No. 70001 <br /> Amend #1 62308 <br /> Contract No. C154219 <br /> 1) PARTIES <br /> This AMENDMENT No.2 (Amendment) to the above-referenced ORIGINAL CONTRACT(hereinafter <br /> called the "ORIGINAL CONTRACT") is entered into by and between San Luis Valley Irrigation District <br /> (hereinafter called "DISTRICT"), and the STATE OF COLORADO (hereinafter called the"STATE") <br /> acting by and through the Department of Natural Resources, Colorado Water Conservation Board, <br /> (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. The State shall not be liable to pay or <br /> reimburse Contractor for any performance hereunder, including, but not limited to costs or expenses <br /> incurred, or be bound by any provision hereof prior to the Effective Date. <br /> 3) FACTUAL RECITALS <br /> The Parties entered into the AGREEMENT to provide a number of long term water supply resolutions <br /> by developing a comprehensive, efficient water management plan of existing decreed water rights in <br /> and out of the Rio Grande Reservoir and other interconnected storage vessels that will result in a <br /> partnership among all beneficiaries of the Project. Additional time is needed due to the complexity of <br /> the Cooperative Project and the many partners involved, including project management, redesign <br /> and the exchange of lands with the federal government. This AMENDMENT will extend the work <br /> completion date and the ORIGINAL CONTRACT expiration date by two years. <br /> 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS <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 CONTRACT, NUMBER C154219 and all prior amendments thereto, if any, are modified as follows: <br /> a. WORK COMPLETION DATE AND CONTRACT END DATE <br /> The work completion date and the termination date of the contract will be extended from <br /> June 30, 2014 to June 30, 2016. <br /> 7) EFFECTIVE DATE OF AMENDMENT <br /> The effective date hereof is upon approval of the State Controller or their delegate. <br /> 8) ORDER OF PRECEDENCE <br /> Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction <br /> between the provisions of this AMENDMENT and any of the provisions of the Contract, the provisions of <br /> this Amendment shall in all respects supersede, govern, and control. The most recent version of the <br /> Special Provisions incorporated into the ORIGINAL CONTRACT or any amendment shall always control <br /> other provisions in the ORIGINAL CONTRACT or any amendments. <br /> Page 1 of 3 <br />