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. ". AGENCY NAME: Water Conservation Board AGENCY NUMBER: PDA ROUTING NUMBER: CCo;>'! Contract Amendment No.2 This Amendment, made this 1 sl day of December 1999, by and between the State of Colorado for the use and benefit of th., Department of Natural Resources, Colorado Water Conservation Board, hereinafter ref"rred to as the CWCB or STATE, and The Loloff Lateral Ditch Company, hereinafter referreCi to as the CONTRACTOR. Factual Recitals A. Authority exists in the law, and funds have been budgeted, appropriated, and othelWise made available and a sufficient unenclJmbered balance thereof remains available for payment in Fund Number 424, Appropri<ltion Code 438, Contract Encumbrance Number C153656A. B. Required approval, clearance, and coorelination have been accomplished from and with appropriate agencies. C. The STATE and the CONTRACTOR entered into a contract dated November 23, 1993, Contract Encumbrance Number C15379S, and amended on March 13, 1995, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein by reference, wherein the STATE agreed to loan money in the total amount up to $83,500, and the CONTRACTOR agreed to repay the loan in accordance with the terrns of the ORIGINAL CONTRACT. D. The Contractor borrowed only $81 ,500.0Cl out of the $83,500 authorization. E. The Project was substantially complete a:, of May 1, 1995. F. The parties agree to amend the contract to reflect the actual loan amount and the annual , " \. ~. . . - \ payment due date. . . -' . ,'. ~ NOW THEREFORE, it is hereby agreed that 1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which shall be made pursuant to this Amendment and ORIGINAL CONTRACT and the promises and agreements herein set fortt1. 2. It is expressly agreed by the parties that this Amendment is supplemental to the ORIGINAL CONTRACT, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. - 3. The Contractor agrees that it shall execlite (1) a Promissory Note, attached as Exhibit 1 and incorporated herein, which shall SUP(lrsede and replace Paragraph 13 to the ORIGINAL CONTRACT; (2) a deed of trust attached as Exhibit 2 and incorporated herein, in accordance with Paragraph 14 of the ORIGINAL CONTRACT; and (3) an amended security agreement attached as Exhibit 3 and incorporated herein, which shall supersede and replace Exhibits E and F, as described in Paragraph M of the ORIGINAL CONTRACT. 4. It is agreed the ORIGINAL CONTRACT is ar,d shall be modified, altered, and changed in the following respects only: