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<br />.,:;.. <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br /> <br />ROUTING NUMBER: <br /> <br />fi:- (, I{~ / I <br /> <br />CON T RAe TAM END MEN T #2 <br /> <br />THIS AMENDMENT, made this ~ J g- (jay of January 1996, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board (CWCB), hereinafter referred to as the STATE, and the Blue River Water District, <br />hereinafter referred to as the CONTRACTOR AND/OR ASSIGNOR and the Town of Breckenridge, hereinafter <br />referred to as ASSIGNEE. <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise <br />made available and a sufficient unencumbered blllance thereof remains available for payment in Fund <br />Number 424, Appropriation Code, Contract Encumbrance Number C 153351; and <br /> <br />2. Required approval, olearance, and coordination has been accomplished from and with <br />appropriate agencies; and <br /> <br />3. The STATE and the CONTRACTOR entered into a contract dated July 15, 1981, Contract <br />Routing Number 7655, Contract Encumbrance Number C153351, incorporated herein by reference, <br />and hereinafter referred to as ORIGINAL CONTRACT, wherein the STATE agreed to loan money in the total <br />amount of $1,200,000 to be used for improvements to the CONTRACTOR'S water supply system, <br />hereinafter referred to as the PROJECT, and the CONTRACTOR agreed to repay the loan in accordance <br />with the terms of the ORIGINAL CONTRACT; and <br /> <br />4. References to the ORIGINAL CONTRAC, in this amendment shall include Amendment #1 <br />entered into by the STATE and the CONTRACTOR on September 22, 1988, wherein the STATE agreed <br />to extend the time for completion of the project by eight yeBrs; and <br /> <br />5. The CONTRACTOR began repaying the loan in 1983 and the last disbursement of loan funds <br />by the STATE to the CONTRACTOR was on June 3, 1991; and <br /> <br />6. The CONTRACTOR, a special district, is dissolving and has entered into an Agreement and Plan <br />for Dissolution with the ASSIGNEE, attached hereto as Exhibit A to ATTACHMENT 1 and incorporated <br />herein, wherein the ASSIGNEE has agreed to incorporate the CONTRACTOR'S operations into the <br />ASSIGNEE'S municipal water system and to asSUme all of the CONTRACTOR'S contractual obligations and <br />rights relating to the provision of water service, including the repayment of this loan; and <br /> <br />7. The ASSIGNEE is a duly constituted home rule town pursuant to Colo. Const. Art. XX, and has <br />duly created by ordinance a "water system enterprise fund," which consists solely of revenues <br />received by the ASSIGNEE arising from or relateQ to the operation of the ASSIGNEE'S municipal water <br /> <br />Paqe 1 of 5 <br />