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<br />L-U/'J/#<3()~ <br /> <br />, <br /> <br />.... <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: q U D) g '7 <br />-:Ln:.y-,:(\:j c... '$ bl,7SD ~ <br /> <br />CON T RAe TAM END MEN T #1 <br /> <br />THIS AMENDMENT, made this eX ((J day of JOCfhJ7It3UC 1995, bX and between the State <br />of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water Conservation <br />Board (CWCB), hereinafter referred to as the STATE, and JULESBURG IRRIGATION DISTRICT, 114 W. 1st <br />Street. Julesburg, Colorado 80737, hereinafter referred to as the CONTRACTOR, <br /> <br />FACTUAL RECITALS <br /> <br />1. 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 <br />462, Appropriation Code 323, Contract Encumbrance Number C153604; and <br /> <br />2. Required approval, clearance, 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 January 27, 1992, Contract <br />Routing Number 92354, Contract Encumbrance Number .C153604, hereinafter referred to as ORIGINAL <br />CONTRACT, incorporated herein by reference, wherein the STATE agreed to loan to the CONTRACTOR the total <br />amount of $325,000 to be used for a feasibility report and for rehabilitating Julesburg Dam #4 (also <br />referred to as Jumbo Reservoir), and the CONTRACTOR agreed to repay the loan in accordance with the' <br />terms of the ORIGINAL CONTRACT; and <br /> <br />4. Section 1, Crapter 230, Session Laws of Colorado, 1986 (Section 1 of Senate Bill 86-027), <br />which authorized the original loan amount of $325,000 to the CONTRACTOR, also states in paragraph (2) <br />of Section 1 that"... such loans, grants, or loans and grants to be in the amounts listed in subsection (1) <br />of this section plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations <br />in construction costs as indicated by the engineering cost indices applicable to the types of construction <br />involved for such projects or as may be justified by reason of changes made in the plans for a project if <br />those changes are required by final engineering drawings and specifications or by (ederal or state <br />requirements." In addition, it states" The loan for any project specified in subsection (1) of this section <br />shall not exceed fifty percent of the total cost of constructing a project."; and . <br /> <br />5. Section 10, Chapter 265, Session Laws of Colorado, 1994 (Section 10 of Senate Bill 94-029) <br />amended Section 1 (2) of Chapter 230, Session Laws of Colorado 1986 (referred to above as Senate Bill <br />86-027) states as follows"... The loan for any project specified in subsection (11 of this section shall not <br />exceed fifty percent of the total cost of constructing a project; EXCEPT THA T THE LOAN FOR THE <br />JUMBO RESERVOIR PROJECT MA Y BE UP TO ONE HUNDRED PERCENT OF THE TOTAL COST OF THA T <br />PROJECT."; and <br /> <br />6. In accordance with the Summary Minutes and Records of Decisions (page 4, item 5) of the <br />January 19, 1994 board meeting, it is the intention of the eWCB Board to provide 100% financing of the <br />repairs to Julesburg Dam #4; and <br /> <br />JULESBURG IRRIGATION DISTRICT <br /> <br />Page 1 of 4 <br /> <br />CONTRACT AMENDMENT #1 <br />