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4 <br /> G. The staff has reviewed an appraisal provided by AGUA, prepared by Blatchley Associates <br /> of Denver and dated January 16, 1998, entitled "Estimated Fair Market Value of 1,007 <br /> Shares of Stock in the Excelsior Ditch Company." Based on the staffs review of the <br /> appraisal, the staff and the Executive Director have determined that the remaining 1,876 <br /> Excelsior shares constitute adequate collateral for both loans to the CONTRACTOR. <br /> NOW THEREFORE, it is hereby agreed that <br /> 1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments <br /> which shall be made pursuant to this Amendment and ORIGINAL CONTRACT and the <br /> promises and agreements herein set forth. <br /> 2. It is expressly agreed by the parties that this Amendment is supplemental to the ORIGINAL <br /> CONTRACT, and all terms, conditions, and provisions thereof, unless specifically modified <br /> herein, are to apply to this Amendment as though they were expressly rewritten, <br /> incorporated, and included herein. <br /> 3. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the <br /> following respects only: <br /> a. Paragraph A.12 (Collateral) is amended by the addition of the following: <br /> d. The STATE agrees to execute and deliver to the Pueblo County Public Trustee a <br /> Request for Partial Release of Deed of Trust and Partial Release in the form <br /> attached hereto as Attachment A and incorporated herein, to release its security <br /> interest in 1,007 Excelsior shares, represented by Certificate No. 5, within five <br /> working days of the effective date of this Amendment. <br /> e. The STATE has executed a Partial Release of Secur, A greement, attached hereto <br /> as Attachment B and incorporated her,: r-=ea '.:n if security interest in 1,007 <br /> Excelsior shares, represented by Certifi0 „ all file a UCC-3 form with <br /> the Secretary of State releasing said sectn erest within working days of the <br /> effective date of this Amendment. - <br /> f. The STATE has executed a Stock As n t, a ` h as Attachment C and <br /> incorporated herein, assigning Ce o. 5 to the CONTRACTOR to enable the <br /> transfer of the 1,007 Excelsior shares represented by said certificate to AGUA. <br /> b. Paragraph D.7 of the Special Provisions is amended by the addition of the <br /> following paragraph: <br /> e. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold <br /> debts owed to state agencies under the vendor offset intercept system for: (a) <br /> unpaid child support debt or child support arrearages; (b) unpaid balance of tax, <br /> accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) <br /> unpaid loans due to the student loan division of the department of higher <br /> education; (d) owed amounts required to be paid to the unemployment <br /> compensation fund; and (e) other unpaid debts owing to the state or any <br /> agency thereof, the amount of which is found to be owing as a result of final <br /> Page 2 of 3 <br />