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CT2015-045 Amend 1
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CT2015-045 Amend 1
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Last modified
2/19/2016 1:46:47 PM
Creation date
2/19/2016 1:46:41 PM
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Loan Projects
Contract/PO #
CT2015-045
C150325
Contractor Name
Crystal Lakes Water and Sewer Association
Contract Type
Loan
County
Larimer
Loan Projects - Doc Type
Contract Documents
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CONTRACT AMENDMENT <br /> Amendment No.1 Original Loan Contract No. CORE No. CT2015-045 <br /> C150325 <br /> Original CMS No. 40883 <br /> Amendment No.1 CMS No. 86270 <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 Crystal Lakes Water and Sewer <br /> Association a Colorado nonprofit corporation, (BORROWER), and the State of Colorado (hereinafter <br /> called the "STATE") acting by and through the Department of Natural Resources, Colorado Water <br /> 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 Crystal Lakes Water and Sewer Association was approved for a loan, from the CWCB, totaling <br /> $2,363,400.00 on November 2011 to finance the Lower Line Pine Lake Enlargement Project <br /> (PROJECT). The PROJECT was substantially completed as of January 1, 2016. The Parties agree to <br /> amend the contract to reduce the final loan amount. The total amount disbursed under this contract was <br /> $2,016,459.59. An adjustment of$346,940.41 will be made to the contract for the funds no longer <br /> 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 /> 5) LIMITS OF EFFECT <br /> This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT. The ORIGINAL CONTRACT <br /> and all prior amendments thereto, if any, remain in full force and effect except as specifically modified <br /> herein. <br /> 6) MODIFICATIONS. <br /> The ORIGINAL CONTRACT NO. CT2015-045 (C150325) and all prior amendments thereto, if any, are <br /> modified as follows: <br /> a) Amend the contract to reduce the final loan amount. The loan contract was substantially <br /> completed as of January 1, 2016. The total amount disbursed under this contract was <br /> $2,016,459.59. A decrease of $346,940.41 will be made to the total loan contract amount for <br /> 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$2,016,459.59: <br /> C) AMENDMENT TO THE PROMISSORY NOTE, APPENDIX A, AMENDMENT No. 1 , LOAN CONTRACT No. <br /> CT2015-045 (150325), in the amount of $2,016,459.59 and incorporated herein, which shall <br /> replace and supersede the original PROMISSORY NOTE dated JANUARY 21, 2012, in the amount <br /> of$2,363,400.00, attached to the ORIGINAL CONTRACT as APPENDIX 2. <br /> Page 1 of 3 <br />
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