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<br />. <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: 02 PDA oooS{1 <br /> <br />CONTRACT AMENDMENT No. 1 <br /> <br />This Amendment, made this 1st day of March 2002, by and between the State of Colorado for <br />the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board, <br />hereinafter referred to as the CWCB or STATE, and West Rhone Lateral Ditch Company. a Colorado <br />nonprofit corporation, hereinafter referred to as the CONTRACTOR and/or BORROWER. <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, Appropriation SPL, Contract Encumbrance Number C150057. <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 Contract Encumbrance Number C150057, dated <br />March 1, 2001, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein by reference, <br />wherein the STATE agreed to loan money in the total amount up to $100,000, and the CONTRACTOR <br />agreed to repay the loan in accordance with the terms of the ORIGINAL CONTRACT. <br /> <br />D. The Project was substantially complete as of September 1, 2001. <br /> <br />E. Of the $100,000 loan amount available, the Contractor borrowed only $49,500 for the construction <br />of the Project. <br /> <br />F. The parties agree to amend the contract to reduce the final loan amount. <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 /> <br />3. The Contractor agrees that it shall execute the following documents, all of which shall set forth the <br />revised loan amount of $49,500: <br /> <br />a. a Promissory Note, attached as Exhibit A and incorporated herein, which shall supersede and <br />replace the Promissory Note attached to the ORIGINAL CONTRACT as Appendix 2; and <br /> <br />b. an Amended Security Agreement, attached as Exhibit B and incorporated herein, which <br />amends the Security Agreement attached to the Original Contract as Appendix 5. <br /> <br />4. Except for the SPECIAL PROVISIONS, in the event of any conflict, inconsistency, variance, or <br />contradiction between the proviSions of this Amendment and any of the proviSions of the ORIGINAL <br />