CT2015-140 Agreement with NCWCD

• Contract/PO #: CT2015-140
• Contractor Name: Northern Colorado Water Conservancy District
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

Project, (ii) any renewal, replacement, addition, modification, or improvement to (i)
above, and (iii) all real or personal property and rights therein and appurtenances
thereto necessary or useful or convenient for the effectiveness of the purposes of the
Governmental Agency in the generation, transmission, and distribution of
hydroelectricity;
WHEREAS, the District and Governmental Agency mutually desire to amend the definition
of System within the Loan Agreement to clarify that it is limited to the works for the generation and
distribution of hydroelectric power by and from the Carter Lake hydroelectric project, and does not
include any works for the generation or distribution of hydroelectric power from any other location
or by any other hydroelectric project such as that which is proposed at Granby Dam;
NOW THEREFORE, in consideration of the foregoing recitals and the covenants and
agreements set forth in this First Amendment, the sufficiency of which are hereby mutually
acknowledged,the District and Governmental Agency hereby agree as follows:
1. Amendment. Paragraph (2), Description of System, in Exhibit A to the Loan
Agreement is amended to read as follows:
"System" shall mean, (i) any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture, or other real or personal property,
relating to the generation and distribution of hydropower electricity by and from the
hydroelectric project at Carter Lake that is owned, operated, or controlled by the
Governmental Agency, including without limitation, the Project, (ii) any renewal,
replacement, addition, modification or improvement to (i) above, and (iii) all real or
personal property and rights therein and appurtenances thereto necessary or useful or
convenient for the effectiveness of the purposes of the Governmental Agency in the
generation, transmission, and distribution of hydroelectricity from the Carter Lake
Hydroelectric Project. "System" does not include any works associated with any
other project or property of the Governmental Agency.
2. Extent of Amendment. Except as otherwise specifically amended herein, the Loan
Agreement shall remain unchanged and is in full force and effect.
3. Counterpart/Facsimile Signatures. This First Amendment may be executed in any
number of counterparts, each of which shall be deemed an original, and all of which, when taken
together, shall constitute one and the same instrument.