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<br />
<br />SECOND AMENDMENT
<br />P'ROJECT
<br />CONTRACT
<br />
<br />D",..., _ENT OR AGENCY NUMBER
<br />34-04-00
<br />CQNTRACf UTING NUMBER
<br />&/,"".11
<br />No encumbrance
<br />
<br />THIS CONTRACT, made this 1st day of October
<br />State of Colorado for the use and benefit of the Department of .,
<br />(Colorado Water Conservation Board) ,
<br />hereinafter referred to as the State, and '2 the Kelton Heiqhts
<br />District, 900 S. Wadsworth Blvd, Lakewood,
<br />
<br />L~O ,f(./'''2D
<br />85 7/:""1
<br />J 9 . by and between the / '"
<br />Natural Resources
<br />
<br />Water and Sanltatlon
<br />CO 80227,
<br />
<br />hereinafter referred to as the contractor,
<br />
<br />WHEREAS, 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 4008
<br />G/l Account Number5306X . Contract Encumbrance NumberC153361: and
<br />ABL Account Number 13060, Org. Unit 77-77-777,
<br />WHEREAS. required approval, clearance and coordination has been accomplished from and with appropriate
<br />agencies; and
<br />
<br />\':[-IEREAS, the State and the Contractor did on September 15,
<br />1983, agree to amend the original August 15, 19B1, contract,
<br />which contract amendment changed the terms applicable to the
<br />Contractor's installment payments; and
<br />
<br />WHEREAS, the Contractor is entering, contemporaneously with
<br />this second contract amendment, into an agreement to assign to
<br />the Bancroft-Clover Water and Sanitation District
<br />(Bancroft-Clover) all of its duties and rights under the original
<br />August 15, 1981, contract, as amended, except those specified in
<br />paragraph A.12. thereof, which paragraph required the Contractor
<br />to make annual payments to the State of Twenty-Two Thousand Two
<br />Hundred Sixty-Five Dollars and Ninety Cents ($22,265.90) for a
<br />total of Thirty-Nine (39) years~ and
<br />
<br />WHEREAS, the Contractor is entering, contemporaneously with
<br />this contract, into an indenture of trust with the Denver
<br />National Bank, which indenture provides that the Denver National
<br />Bank, as trustee, will, on August 15, 1985, and every year
<br />thereafter through the year 2012, pay to the State the amount
<br />owed as hereinafter set forth in paragraph A.12. of the contract
<br />as hereby amendedi and
<br />
<br />WHEREAS, the parties agree that it would he mutually
<br />beneficial to amend aqain paragraph A.12. of the contract so that
<br />full repayment of the amount the Contractor owes the State shall
<br />be made in thirty (30) years rather than the forty (40) years
<br />previously provided in the contract, which amended repayment
<br />schedule will require twenty-seven (27) annual payments through
<br />the year 2012 in the amount of Twenty-Two Thousand Two Hundred
<br />Sixty-Five Dollars and Ninety Cents ($22,265.90) and repayment of
<br />the entire remaining principal on November 30, 2012, of One
<br />Hundred Five Thousand Forty-One Dollars and Twenty-Five Cents
<br />($105,041.25), instead of the thirty-nine (39) annual payments of
<br />Twenty-Two Thousand Two Hundred Sixty-Five Dollars and Ninety
<br />Cents ($22,265.90) as required in the contract previously;
<br />
<br />NOW THEREFORE, in consideration of the mutual and dependent
<br />covenants herein contained, the parties agree as follows:
<br />
<br />1. The Contractor, in consideration for the State's
<br />
<br />premises hsrein se~ =cr~h, prc~issc ~o ir.demnify, s:ve :~d ~cld
<br />
<br />harmless and defend the State, and all of its employees and
<br />agents, acting officially or otherwise, from any and all
<br />liability, claims, demands, actions, debts, and attorney fees
<br />arising out of, claimed on account of, or in any manner
<br />predicated upon loss or damage to the property of and injuries
<br />to, or death of all persons whatsoever, which may occur, or is
<br />sustained in connection with the performance of this contract, or
<br />by conditions created thereby, or based upon any violation of
<br />any s-t.atute, ordinance, or regulation, and the defense of any
<br />such claims or actions.
<br />
<br />395-53.Ql-.c01Q
<br />
<br />Page I of ~ pages
<br />.(See inslruclionson reverse of Iasl pale.)
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<br />319
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