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<br />'.,. <br /> <br />'\ <br /> <br />AGENCY NAME: Water Conservation Board <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: ceo I f.D <br /> <br />Contract Amendment No.1 <br /> <br />This Amendment, made this 911 day of August 2000, by and between the <br />State of Colorado for the use and benefit of the Department of Natural Resources, <br />Colorado Water Conservation Board, hereinafter referred to as the CWCB or STATE, and <br />the Ute Water Conservancy District, hereinafter referred to as the DISTRICT, and the Ute <br />Water Activity Enterprise, hereinafter referred to as the BORROWER and/or CONTRACTOR, <br />P.O. Box 460, Grand Junction, Colorado 81502-0460. <br /> <br />Factual Recitals, <br /> <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available and a sufficient unencumbered balance thereof remains <br />available for payment in Fund Number 424, Organization YYYV, Appropriation S99, <br />GBL UWCD, Program WTRC, Reporting Category 0026, Object Code 5560, Contract <br />Encumbrance Number C150026~ <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and <br />with appropriate agencies. <br /> <br />C. The STATE, the District and the BORROWER entered into a contract April 12, 2000, <br />Contract Encumbrance Number C150026, hereinafter referred to as ORIGINAL <br />CONTRACT, incorporated herein by reference, wherein the STATE agreed to loan money <br />in the amount of $7,000,000 to partially finance the design and construction of the <br />Plateau Creek Pipeline Project (hereinafter referred to as the PROJECT), and the <br />BORROWER agreed to repay the loan in accordance with the terms of the ORIGINAL <br />CONTRACT. <br /> <br />D. The DISTRICT and the BORROWER applied to the STATE for an additional loan of <br />$10,000,000 to finance PROJECT costs. The STATE has reviewed a feasibility study <br />report on the PROJECT compiled by Stefan, Robertson and Kirsten in 1991, a February <br />1998 environmental impact statement (EIS) prepared for the PROJECT, and an update <br />of the 1991 feasibility study report prepared by the CWCB staff and DISTRICT staff, all <br />of which are incorporated herein by reference, and, based upon the feasibility report <br />as updated and upon the EIS, the STATE determined the PROJECT to be technically <br />and financially feasible. <br /> <br />E. At its January 26-27, 2000 meeting, the CWCB approved increasing this loan by <br />$10,000,000, for a total loan amount of up to $17,000,000, which may be used to <br />finance up to 50% of the total PROJECT costs. The terms for the $10,000,000 loan are <br />an interest rate of 5% per annum and a repayment period of thirty years. <br /> <br />F. Pursuant to HBOO-1419, Section 2, the' Colorado General Assembly authorized the <br />CWCB to loan to the BORROWER an additional amount of $10,000,000, hereinafter <br /> <br />Ute Water Conservancy District <br /> <br />Page 1 of 4 <br /> <br />Contract Amendment NO.1 <br />