CT2015-017 Contract Amend 1

• Contract/PO #: CT2015-017
• Contract/PO #: C150344
• Contractor Name: Bergen Ditch and Reservoir Company
• Contract Type: Loan
• County: Jefferson
• Loan Projects - Doc Type: Contract Documents

CONTRACT AMENDMENT
Amendment Original Loan Contract No. C150344 CORE No. CT2015-017
No.1 Original CMS No. 55040
Amendment CMS No. 86936
1) PARTIES
This Amendment No.1 (AMENDMENT) to the above-referenced ORIGINAL LOAN CONTRACT (hereinafter
called the ORIGINAL CONTRACT) is entered into by and between the Bergen Ditch and Reservoir
Company, 9329 Lark Sparrow Trail, Highlands Ranch, Colorado 8126, (hereinafter called
"BORROWER"), and the STATE OF COLORADO (hereinafter called the "STATE") acting by and
through the Department of Natural Resources, Colorado Water Conservation Board, (hereinafter
called "CWCB").
2) EFFECTIVE DATE AND ENFORCEABILITY
This AMENDMENT shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "EFFECTIVE DATE"), but shall be
effective and enforceable thereafter in accordance with its provisions.
3) FACTUAL RECITALS
The Bergen Ditch and Reservoir Company requested an increase to its existing CWCB LOAN
CONTRACT No. CT2015-017 for the Bergen Reservoir No. 2 Rehabilitation (PROJECT). The Project is
to prevent a State Engineer's Office Dam Safety Branch (SEO) storage restriction order and ensure
the safe operation of the reservoir. The requested increase in loan amount is due to a revised design
to secure SEO approval. At its January 2016 meeting, the CWCB approved increasing this loan by
$91,102. This request increases the existing CWCB loan amount from $2,020,000 to $2,111,102. A
loan service fee of 1% is included in the total loan amount.
4) CONSIDERATION
Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be
made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein
set forth.
The Parties acknowledge that the mutual promises and covenants contained herein and other good
and valuable consideration are sufficient and adequate to support this AMENDMENT.
5) LIMITS OF EFFECT
This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL
CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS.
The ORIGINAL CONTRACT No. CT2015-017 (C150344) and all prior amendments thereto, if any, are
modified as follows:
a) Amend this contract to increase the total loan amount by $91,102 increasing the LOAN
CONTRACT total amount from $2,020,000 to $2,111,102. The terms for the additional loan
amount shall remain at an interest rate of 3.15% per annum and a repayment period of 30
years. A loan service fee of 1% is included in the additional loan amount, in accordance with
CWCB Policy Number 16.
b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth
the revised loan amount of$2,111,102:
Amendment No. 1
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