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<br />AGENCY NAME: WATER CONSERVATION BOARD <br />AGENCY NUMBER: PDA <br /> <br />ROUTING NUMBER: 0 1073 <br /> <br />CON T RAe TAM END MEN T No. 1 <br /> <br />THIS AMENDMENT, made this ~[d day of ~/AN F_ 1998, by and between the <br />State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board (CWCB), hereinafter referred to as the STATE, and CONSOLIDATED EXTENSION <br />CANAL COMPANY, 550 15'" Street, Suite 900, Denver, Colorado 80202-4256, hereinafter referred to as <br />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, Appropriation Code EIA, GBL C747, Contract Encumbrance Number C153747; and <br /> <br />B. Required approval, clearance, and coordination has been accomplished from and with appropriate <br />agencies; and <br /> <br />C. The STATE and the CONTRACTOR entered into a contract dated January 28, 1997, Contract <br />Encumbrance Number C153747, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein <br />by reference, wherein the STATE agreed to loan money in the total amount of $300,000, and the <br />CONTRACTOR agreed to repay' the loan in accordance with the terms of the ORIGINAL CONTRACT; and <br /> <br />D. The Contractor borrowed only $229,430.90 out of the $300,000 authorization. <br /> <br />E. The project was substantially complete as of March 10, 1997. <br /> <br />F. The parties agree to amend the contract to reflect the actual loan amount and the annual payment <br />due date. <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. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the following <br />respects only: <br /> <br />a. Paragraph B.9, Promissory Note Provisions, is replaced by a separate Promissory Note, <br />attached as Attachment A and incorporated herein. <br /> <br />b. Paragraph B.11, Pledge of Revenues: the Security Agreement, attached to " the QRlGlNAL <br />CONTRACT as Appendix B, is replaced by an Amended Security Agreement, attached as <br />Attachment B and incorporated herein. <br />