CTGG12016-712 Contract Amend 1 - Laserfiche WebLink

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GRANT AGREEMENT AMENDMENT Amendment No.i Original Grant Agreement No. CWCB CORE No. C15o4o8 CTGGi 2016-712 CLIN Routing No.o8 PDA 00022 Amend No.1 CMS 83305 1) PARTIES This Amendment No. i (AMENDMENT) to the above-referenced ORIGINAL GRANT AGREEMENT is entered into by and between SAN JUAN WATER CONSERVANCY DISTRICT,46 Eaton Drive, Suite 5, Pagosa Springs, CO 81147, a Colorado Title 37 Water Conservancy District (hereinafter called"SJWCD"), 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 Original Agreement was for the Dry Gulch Reservoir Land Acquisition("PROJECT").The Grantee and Pagosa Area Water and Sanitation District(PAWSD)purchased the Running Iron Ranch.The Grantee currently owns a ten and seventy-three hundredths percent(1o.73%)undivided interest in the Running Iron Ranch.The Pagosa Area Water and Sanitation District(PAWSD)currently owns the remaining interest in the Running Iron Ranch.The Parties have agreed to amend the Original Grant Agreement,for the PROJECT,concurrently with the restructuring of the Original Loan Contract Number Ci50261.The revised terms and conditions will allow the PROJECT to move forward.The Parties negotiated revised terms and conditions,to the ORIGINAL GRANT AGREEMENT,in the executed agreement entitled:AGREEMENT TO RESTRUCTURE COLORADO WATER CONSERVATION BOARD DRY GULCH RESERVOIR LOAN CONTRACT NUMBER C15o261,and AMENDMENT TO AGREEMENT TO RESTRUCTURE COLORADO WATER CONSERVATION BOARD DRY GULCH RESERVOIR LOAN CONTRACT NUMBER C15o261,and attached hereto as APPENDIX A. 4) CONSIDERATION Consideration for this AMENDMENT to the ORIGINAL GRANT AGREEMENT consists of the mutual promises and covenants contained herein and other good and valuable considerations are sufficient and adequate to support this AMENDMENT. 5) LIMITS OF EFFECT This AMENDMENT is incorporated by reference into the ORIGINAL GRANT AGREEMENT,and the ORIGINAL GRANT AGREEMENT remains in full force and effect except as specifically modified herein. 6) MODIFICATIONS The ORIGINAL GRANT AGREEMENT CT2016-712(C15o4o8)and all prior amendments thereto,if any,are modified as follows: a) Section 7, Grantee's Compensation,Subsection E, Return of Grant Funds Is hereby deleted in its entirety and replaced with the following: E. Return of Grant Funds If the Dry Gulch Project, as described in Exhibit A,is completed by the end of the Planning Period or any Extended Planning Period described in Appendix A to Amendment 1 to this Grant,then the Grantee shall not have to return any funds provided under this Grant. If the Dry Gulch Project,as described in Exhibit A,is not completed by the end of the Planning Page 1 of 3