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<br />/-'. <br /> <br />r. <br /> <br />DEPARTMENT OR AGENCY NAME <br />Water Conservation Board <br />DEPARTMENT OR AGENCY NUMBER <br />PDA <br />ROUTING NUMBER, ' <br />9.5 {."j 77-- <br /> <br />CON T RAe TAM END MEN T #2 <br /> <br />THIS AMENDMENT, made this ~ q day of LJ1vil'h' 1995, by and <br />between the State of Colorado for the use and benefit of \he Department of Natural <br />Resources, Colorado Water Conservation Board (CWCB), hereinafter referred to as the STATE, <br />and WEST DIVIDE WATER CONSERVANCY DISTRICT, P. O. Box 1478, Rifle, Colorado <br />81650-1478, hereinafter referred to as the CONTRACTOR. <br /> <br />RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated, and <br />otherwise made available and a sufficient unencumbered balan_ce.1):1ereof remains available <br />for payment in Fund Number 424, Appropriation Code 375;-C()ntrad'~Encumbrance Number <br />~'1--. ;', ._':r~. <br />C153592; and ,,\, ", \"';~ <br />;'::, ',,' \,. "~. ,; '(!~~ <br />, 2. Re~uired app~oval, cl~~r,~nce,'~\nd qO~rl;linatior,~as'~~~n;E'complished from and <br />with appropriate agencies; and ;;,~, ,:,';' \.,', , \;i,t~ ~,~ <br /> <br />3. The STATE and the CO:\t~R ej;:;~~/i:::ntract dated June 14, 1991, <br />Contract Routing Number 91545, ~tract Encumbrance Number C153592, hereinafter <br />referred to as ORIGINAL CONTRACT, wherein the STATE agreed to loan money in the total <br />amount of $70,000 to the CONTRACTOR to be used for the design and construction of the <br />Alsbury Dam, and the CONTRACTOR agreed to repay the loan in accordance with the terms <br />of the ORIGINAL CONTRACT. The ORIGINAL CONTRACT was amended by an addendum dated <br />October 8, 1991; and <br /> <br />4, Paragraph A.3 of the ORIGINAL CONTRACT states the completion date of the PROJECT <br />to be within three (3) years of the date of the ORIGINAL CONTRACT unless extended by the <br />STATE due to circumstances beyond the control of the CONTRACTOR; and <br /> <br />5. As a result of delays beyond its control in obtaining its 404 Permit from the Corps <br />of Engineers and its Forest Service Permit, the CONTRACTOR has been unable to construct the <br />Alsbury Reservoir. Therefore, the CONTRACTOR has requested an additional three year <br />extension to construct the Project, The CONTRACTOR'S request is attached hereto as <br />Appendix A, and <br /> <br />6, The STATE has reviewed the CONTRACTOR'S request, has received confirmation of <br />the delays in the issuance of the 404 and Forest Service permits for the Alsbury Dam, and <br />has determined that the delays in the construction of the PROJECT were beyond the control <br /> <br />WEST DIVIDE WCD <br /> <br />, Page 1 of 3 <br /> <br />CONTRACT AMENDMENT <br />