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<br />AGENCY NAME: WATER CONSERVATION BOARD
<br />AGENCY NUMBER: PDA
<br />
<br />ROUTING NUMBER:
<br />
<br />
<br />CON T RAe TAM END MEN T No. 1
<br />
<br />THIS AMENDMENT, made this 1st day of April 1999, by and between the State of Colorado for
<br />the use and benefit of the Department of Natural Resources, Colorado Water Conservation Board
<br />(CWCB), hereinafter referred to as the STATE, cmd MILITARY PARK RESERVOIR COMPANY, hereinafter
<br />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, Appropriation Code 502 , Contract Encumbrance Number C153683; and
<br />
<br />B. Required approval, clearance, and coordination has been accomplished from and with appropriate
<br />agencies; and
<br />C. The STATE and the CONTRACTOR entered into a contract dated September 7, 1994, Contract
<br />Encumbrance Number C153683, hereinafter referred to as ORIGINAL CONTRACT, incorporated herein
<br />by reference, wherein the STATE agreed to loan money in the total amount of $30,000, and the
<br />CONTRACTOR agreed to repay the loan in accordance with the terms of the ORIGINAL CONTRACT; and
<br />D, The Contractor bor~owed only $29,515.28 out of the $30,000 authorization,
<br />E. The project was substantially complete as of December 13, 1995.
<br />F, The parties agree to amend the contract to reflect the actual loan amount and the annual payment
<br />due date.
<br />NOW THEREFORE, it is hereby agreed that
<br />1. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which shall
<br />be made pursuant to this Amendment and O~IGINAL CONTRACT and the promises and agreements
<br />herein set forth.
<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,
<br />apply to this Amendment as though they were expressly rewritten, incorporated and included herein,
<br />3, It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the following
<br />respects only:
<br />a. Paragraph B.8, Promissory Note Provisions, is replaced by a separate Promissory Note,
<br />attached as Attachment A and incorporated herein.
<br />b. Paragraph A.9 Deed of trust: the deed of trust, attached to the Original Contract as Appendix B,
<br />is replaced by an Amended Deed of Trust, attached hereto as Attachment B and incorporated
<br />herein.
<br />c. Paragraph A,10,b, Pledge of Revenue: the Security Agreement and Financing Statement,
<br />attached to the ORIGINAL CONTRACT as Appendix C and D, is replaced by an Amended Security
<br />Agreement, attached as Attachment C and incorporated herein. The parties acknowledge that
<br />the State shall file a UCC Financing Statement with the Secretary of State to perfect its security
<br />interest in the revenues pledged,
<br />d, Paragraph A.10.c regarding the renewal of the UCC agreements in the fourth year is deleted
<br />from the contract. It is the State's respon:>ibility to continue the recording with the Secretary of
<br />State.
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