PROJ00130

• Contract/PO #: C153382
• Contractor Name: Fruita, City of
• Contract Type: Loan
• Water District: 0
• County: Mesa
• Bill Number: SB 81-439
• Loan Projects - Doc Type: Contract Documents

AMENDMENT U
PROJECT
CONTRACT

THIS CONTRACT. made Ihi~ ?...ZA"'da'! of ~.4:/ 19;_~O . by and berween the
Slate of Colorado for Ihe U~~ ~md hellenl of rhe Deparlment of '1 Natural Resources
{Colorado (vater Conservation Board) , ,
hereina"er rl"ierred 10 as rhe SI:lIl.", :end '2 the Town (C~ ty) of Frul ta
Box 638, Fruita, CO 81521,
hl!'reinafler referred In as Ihe conlraClor /Contrac~or.

.JI (' [1-::'0; Lf Y,
m.p,\l \:,"" ( .\(;!::....CY "U,'t1.BER
34-04-00
CO,""TRAC r ROt:TINC :'a'~l BEll.
C ;1/..).
No Additional Encumbrance

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c, I1j.PB

. WHEREAS" aUlhoriry cxiSh in rhe Law and Funds h:l~e been budgeled. approprialed and olherwise made
lIv:1llio1ble and a sui ficu~nl uncllcumhered ba!:lnce lhereof remains a...ailable for paymenl in Fund !l.umber 4008
elL Accnunl Number 5356X. CunHacl Encumbrance Number C1533R2_ and
ABL Account No. ~, Org. Unit 77-77-77i,

WHEREAS. re4uircd appm...;!!. clear:ll1ce ilnd coordinalion has been accomplished from and wilh JpprOpriafe
agencies: and

WHEREAS. the State and the Contractor entered into a
contract dated May 1. 1982. contract encumbrance number
C-153382 (hereinafter referred to as the 'IOriginal Contract~):
and

WHEREAS. paragraph A.5. of the Original Contract requires
the Contractor to execute a warranty deed conveying certain
described real property to the State as security for the loan:
and

WHEREAS. the Contractor desires to delete paragraph A.5. of
that contract; and

WHEREAS. pursuant to section 17-60-120(1). CRS (1987). the
State is required to have ownership. or to take a sufficient
security interest. or to impose other Obligations. as will
assure repayment of the project loan to the State; and

WHEREAS. the State is willing to delete paragraph A.5.
provided that prior to the execution of this amendment the
Contractor lawfully adopts. pursuant to Section 8.21 of its
City Charter. a specific ordinance. which shall be irrepealable
for the periOd of the project loan. which ordinance shall issue
security payable from future sales tax revenues to repay the
project loan in the event of default; and

WHEREAS. the Contractor has financial difficulties and
could not meet its financial obligations in the years 1987.
1988. and 1989; and

\
I
,

WHEREAS. the Contractor has agreed to increase its future
repayments and make up the deferred payments, plus interest. in
the years 2007. 2008. and 2009; and

WHEREAS. the parties desire to amend the Original Contract
to provide for the above-described changes.

NOW THEREFORE. in consideration of the mutual and dependent
covenants herein contained. it is agreed by the parties hereto
as follows:

1. Consideration for this amendment to the Original
Contract. Contract Encumbrance Number C-153382. Contract
Routing Number 8116. dated May 1. 1982. consists of the
payments which shall be made pursuant to this amendment and the
promises and agreements herein set forth.

2. This contract amendment is a supplement to the Original
Contract. Attachment A. which is by this reference incorporated
and made a part hereof; and all the terms. conditions. and
provisions thereof. unless specifically modified herein. are to
apply to this contract amendment as though they were expressly ^
rewritten. incorpOrated. and included herein.

J95-5l<lr1014

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