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<br />. <br /> <br />was derived by adding a five percent (5'> per annum charge to <br />the fifty percent (50\) payment of Twenty-Six Thousand Six <br />Hundred Forty Dollars ($26.640) actually made by the State to <br />the Contractor for Comanche Dam: and <br /> <br />WHEREAS. rather than repay this amount pursuant to <br />Paragraphs 5. and 6. of the Original Contract. the Contractor <br />desires to include that repayment of the State's share of the <br />feasibility report for the Comanche Dam with the Contractor <br />repayment of the construction loan for the rehabilitation df <br />said dam as provided in a proposed Project Contract: and <br /> <br />WHEREAS. pursuant to Senate Bill No. 15. Fifty-Sixth <br />General Assembly of the State of Colorado. duly enacted into <br />law. the Colorado Water Conservation Board has been authorized <br />to enter into a Project Contract to lqan a sum not to exceed <br />Eight Hundred Sixty-Two Thousand Five Hundred Dollars <br />($862.500) for the rehabilitation of Comanche Dam. Which <br />inCludes Twenty-Six Thousand Six Hundred and Forty Dollars <br />($26.640) as the State's share of the feasibility report for <br />Comanche Dam. as shown in Exhibit B of the Original Contract; <br />and <br /> <br />WHEREAS. the parties desire to amend the Original Contract <br />to provide for these changes. <br /> <br />NOW. THEREFORE. it is hereby agreed that: <br /> <br />1. This Contract Amendment is a supplement to the Original <br />Contract. Attachment A. which is by this reference <br />incorporated and made a part hereof. and all the terms. <br />conditions and provisions thereof. unless specifically <br />modified herein. are to apply to this Contract <br />Amendment as though they were expressly rewritten. <br />incorporated. and included herein. <br /> <br />2. The language in Paragraph 5. of the Original Contract <br />shall be deleted and the following language shall be <br />inserted as the amended Paragraph 5: <br /> <br />In consideration of the State assuming a <br />certain portion of the cost of the preparation <br />of the Peterson Dam and Twin Lakes Dam <br />feasibility reports. the Contractor shall pay <br />to the State the sum of Fifty-Four Thousand Two <br />Hundred Eighty-Six Dollars and Forty Cents <br />($54.286.40) provided that construction of the <br />subject water projects are initiated within ten <br />(10) years of the date of this cOntract. The <br />Contractor shall fulfill this Obligation <br />irrespective of how or by whom or to what <br />specifications or plans the subject projects <br />are financed. paid. or constructed for so long <br />as construction of the projects is initiated <br />within the specified time. <br /> <br />3. The language in Paragraph 6. of the Original Contract <br />shall be deleted. and the following language shall be <br />inserted as the amended Paragraph 6: <br /> <br />In the event the Contractor must make payment <br />pursuant to the terms of Paragraph 5. above. <br />then the said sum of Fifty-Four Thousand Two <br />Hundred Eighty-Six Dollars and Forty Cents <br />($54,286.40) shall be payable in ten (10) <br />equal yearly installments of Five Thousand <br />Four Hundred Twenty-Eight Dollars and Sixty <br />Four Cents ($5.428"."64) each. the first <br />installment to be due and payable upon the <br />January 1st next succeeding the initiation of <br /> <br />Page ~ of i Pages <br />