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CT2015-141 Contract Amend 2
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CT2015-141 Contract Amend 2
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Last modified
12/18/2015 3:53:49 PM
Creation date
2/3/2015 7:42:17 AM
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Loan Projects
Contract/PO #
CT2015-141
C150360
Contractor Name
East Mesa Water Company
Contract Type
Loan
Water District
38
County
Pitkin
Loan Projects - Doc Type
Contract Documents
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CONTRACT AMENDMENT <br /> Amendment No 2 Original Loan Contract No C150360 CORE: CT2015-141 <br /> Original CMS No. 62296 <br /> Amendment No.1 CMS No 76921 <br /> Amendment No 2 CMS No 82430 <br /> 1) PARTIES <br /> This Amendment No 2 (AMENDMENT) to the above-referenced ORIGINAL CONTRACT (hereinafter called <br /> the ORIGINAL CONTRACT) is entered into by and between the East Mesa Water Company , a Colorado <br /> nonprofit corporation (BORROWER), and the State of Colorado (hereinafter called the "STATE") acting <br /> 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. <br /> 3) FACTUAL RECITALS <br /> The East Mesa Water Company was approved for a loan from the CWCB on January 25, 2015, which <br /> was amended on March 12, 2015 and is collectively known as the ORIGINAL CONTRACT. The total loan <br /> amount of$757,500.00 financed the Ditch Piping Project (PROJECT). The PROJECT was substantially <br /> completed as of July 1, 2015. The Parties agree to amend the contract to reduce the final loan amount. <br /> The total amount disbursed under this contract was $732,926.92. The BORROWER made a pre-payment <br /> of$365,508.50. An adjustment of$390,081.58, to decrease the total loan amount, will be made to the <br /> contract. <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. CT2015-141 (C150360) and all prior amendments thereto, if any, are <br /> modified as follows: <br /> a) Amend the contract to reduce the final loan amount. An adjustment of$390,081.58, to decrease <br /> the total loan amount to $367,418.42 will be made to the contract. <br /> b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the revised loan amount of$367,418.42: <br /> C) AMENDMENT TO THE PROMISSORY NOTE,APPENDIX A-1,AMENDMENT NO. 2, LOAN CONTRACT NO. <br /> CT2015-141 (C150360), in the amount of $367,418.42 and incorporated herein, which shall <br /> replace and supersede the ORIGINAL PROMISSORY NOTE dated January 17, 2015, attached to <br /> the ORIGINAL CONTRACT as APPENDIX 2 and the AMENDED PROMISSORY NOTE dated March 2, <br /> 2015 in the amount of $757,500.00, attached to AMENDMENT 1 to the ORIGINAL CONTRACT as <br /> APPENDIX A. <br /> Page 1 of 3 <br />
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