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<br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: QZ)33 <br /> <br />CONTRACT AMENDMENT No. 1 <br /> <br />This Amendment, made this 12111:1 day of Y7~U2000, by and between the State <br />of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board, hereinafter referred to as the CWCB or STATE, and the DeWeese-Dye Ditch and <br />Reservoir Company, a Colorado nonprofit corporation, hereinafter referred to as the CONTRACTOR. <br /> <br />Factual Recitals <br /> <br />A. 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 <br />Number 424, Organization VYYY, Appropriation L98, GBL DDYE, Program WTRC, Object Code <br />5120, Contract Encumbrance Number C153832. <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and with appropriate <br />agencies. <br /> <br />C. The STATE and the CONTRACTOR entered into a contract dated June 23, 1999, Contract <br />Encumbrance Number C153832, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein <br />by reference, wherein the STATE agreed to loan money in the total amount up to $734,000, and the <br />CONTRACTOR agreed to repay the loan in accordance with the terms of the ORIGINAL CONTRACT. <br /> <br />D. The Project was substantially complete as of December 1, 1999. <br /> <br />E. The Contractor borrowed the full amount of $734,000 for the construction of the Project. <br /> <br />F. On December 1,1999, the Contractor made a prepayment of $149,000 to reduce the loan amount <br />to $585,000. <br /> <br />G. The Contractor requested a partial release of the collateral, which has a value of approximately <br />$4,000,000, pledged to repay the $585,000 loan. At the March 20-21, 2000 meeting, the Board <br />approved the Contractor's request to a partial release of the collateral. <br /> <br />H. The parties agree to amend the contract to adjust the final loan amount, establish the annual <br />payment due date and document the partial release of collateral. <br /> <br />NOW THEREFORE, it is hereby agreed that <br /> <br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which shall <br />be made pursuant to this Amendment and ORIGINAL CONTRACT and the promises and agreements <br />herein set forth. <br /> <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the ORIGINAL <br />CONTRACT, and all terms, conditions, and provisions thereof, unless specifically modified herein, are <br />to apply to this Amendment as though they were expressly rewritten, incorporated, and included <br />herein. <br />