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Form 6-AC-02A(R 5/85) DEPARTMEN r OR AGENCY NUMBER
<br /> , W'/PB 34-04-00
<br /> Onion Valley Dam CON, T ROUTING NUMBER
<br /> -Cu–lcy Res.eryoix ,
<br /> - .1 ,, ;/
<br /> AMENDMENT #1 Reduce Encumbrance $ 1,050.55
<br /> PROJECT From: 166,600.00
<br /> CONTRACT P/r,: To: 165,549.45
<br /> nd Promissory Nose
<br /> THIS CONTRACT, made this /f'2 day of —2—Z- 19 9 0 , by and between the
<br /> State of Colorado for the use and benefit of the Department of '1 Natural Resources
<br /> (Colorado Water Conservation Board) ,
<br /> hereinafter referred to as the State, and '2 the Fruitland Irrigation Company ,
<br /> Route 1, Box 34 , Crawford, CO 81915 ,
<br /> hereinafter referred to as the contractor /Contractor.
<br /> WHEREAS, authority exists in the Law and Funds have been budgeted. appropriated and otherwise made
<br /> available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 4 0 0 8
<br /> G/L Account Number 5425X Contract Encumbrance NumberCl53542 : and
<br /> ABL Account No. 14250 , Org. Unit 77-77-777 ,
<br /> WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
<br /> agencies: and
<br /> WHEREAS, a contract was entered into on May 9 , 1989 ,
<br /> Contract' Encumbrance No . C-153542 (the "Original Contract" ) ,
<br /> between the State and Contractor ; and
<br /> WHEREAS, construction costs of the project were less than
<br /> what was originally anticipated; and
<br /> WHEREAS, it is now necessary to decrease the money made
<br /> available for the project.
<br /> NOW THEREFORE, it is hereby agreed that:
<br /> 1 . Consideration for this amendment to the Original Contract,
<br /> Contract Encumbrance Number C-153542 , Contract Routing Number
<br /> 89512 , dated May 9 , 1989 , consists of the payments which shall
<br /> be made pursuant to this amendment and the promises and
<br /> agreements herein set forth.
<br /> 2 . This contract amendment is a supplement to the Original
<br /> Contract (Attachment A) , which is by i reference
<br /> incorporated and made a part - e ;. a , 11 the terms ,
<br /> conditions , and provisions th specifically
<br /> modified herein, are to apply s contract amendment as
<br /> though they were expressly rewritten r ated, and
<br /> included herein. 1
<br /> 3 . The only modifications 1 r ' ons , or changes in the
<br /> Original Contract shall be that Exhibit C shall be replaced in
<br /> its entirety by Attachment B and paragraphs B. 15 . , D. 1 . , and 3 .
<br /> shall be modified to read as follows :
<br /> B. The Contractor agrees that it shall :
<br /> 15 . Repay to the State the total principal sum of One
<br /> Hundred Sixty-Eight Thousand Five Hundred Forty-Nine Dollars
<br /> and Forty-Five Cents ($168 , 549 . 45 ) , which includes the project
<br /> loan amount and the Three Thousand Dollars ($3 , 000) feasibility
<br /> report amount , together with interest at the rate of five
<br /> percent ( 5% ) per annum, said repayment to be made in constant
<br /> annual installments of Nine Thousand Eight Hundred Twenty-Two
<br /> Dollars and Seventy-Five Cents ($9 , 82.2 . 75 ) each, for forty (40)
<br /> years , as shown in Attachment B, attached hereto and
<br /> incorporated by reference herein, which first installment shall
<br /> be due and payable on the first day of the month next
<br /> succeeding the month in which the State determines that the
<br /> project has been substantially completed , and yearly thereafter
<br /> until the entire principal sum shall have been paid . However ,
<br /> in the event the Contractor does not draw funds commencing on
<br /> the date specified in paragraph D. 1 . a . below, the obligation to
<br /> repay shall be postponed for the same number of months as the
<br /> Contractor delays in drawing funds . Said installment payments
<br /> shall be made payable to the Colorado Water Conservation Board ,
<br /> payable at the offices of said Board in Denver , Colorado .
<br /> i95r'301-1014Paye I of 5 pages 2032E*
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