PROJC01079

• Contract/PO #: C153396
• Contractor Name: Fruita, City of
• Contract Type: Loan
• Water District: 0
• County: Mesa
• Bill Number: SB 81-439
• Loan Projects - Doc Type: Contract Documents

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AMENDMENT # 1
PROJECT
CONTRACT

THIS CQNTRACr. madr lhis ?,d day of a ~?;'p::I' 19"rL . by and bel ween rhe
Stale or Colorado for thr lIse and henef" of tilt Uepanment of'l Natural Resource!':.
(Colorado Water Conservation Board) ,
hereinaher ft'fernd to as lhe Stale. and": the Town (Ci tv) of Frui ta f
Box 638, Fruita, CO 81521

m-reinaher rderred 10 a) the contrac\Ur /Contrac'tor.

WHEREAS, aUlhorilY exish in the Law ~nd Funds have ~n bud~eled. appropriated and othtrw:~e made
avaihtble Dnd a sufrlcienl unencumbered b;&l:mce lhekof remains available fOr payrnem in Fund t'-rumber 4008
G1L. Accoun' Number 5356X. (ontracl Encumbranc:e Number C153396" and
ABL Account No. 13562, Org. Unit 77-77-777"/
WHEREAS. re~uirL'd apprtlvlIl. clear:lOct and coordinatiun has been lIccompJished from and wi,n apprupn31C'
alC'ncie5: and

WHEREAS. the State and the Contractor entered into a
contract dated December 1. 1982. contract encumbrance number
C-153396 (hereinafter referred to as the nOriginal Contract");
and

WHEREAS. paragraph A,S. of the Original Contract requires
the Contractor to execute a warranty deed conveying certain
described real property to the State as security for the loan;
and

WHEREAS. the Contractor desires to delete paragraph A.5. of
that contract; and

WHEREAS. pursuant to section 17-60-120(1). CRS (1987). the
State is required to have ownerShip. or to take a sufficient
secutity interest, or to impose other Obligations. as will
assUre repayment of the project loan to the State; and

WHEREAS. the State is willing to delete paragraph A.5.
provided that prior to the execution of this amendment the
Conttactor lawfully adopts. pursuant to Section 8.21 of its
City Charter. a specific ordinance, ~hich shall be irrepealable
for the periOd of the project loan. ~hich ordinance shall issue
security payable from future sales tax revenues to repay the
project loan in the event of default; and

WHEREAS. the Contractor has financial difficulties and
could not meet its financial obligations in the years 1987.
1988. and 1989; and

WHEREAS. the Contr~ctor has~agreed to increase its future
repayments and make up the deferred payments. PlUS interest. in
the years 2007. 2008. and 2009; and

WHEREAS, the parties desire to amend the Original Contract
to provide for the above-described Changes.

NOW THEREFORE, in consideration of the mutual and dependent
covenants herein contained, it is agreed by the parties hereto
as follows:

1. Consideration for this amendment to the O:iginal
Contract. Contract Encumbrance Number C-153396, Con:ract
Routing Number 83213. dated December 1. 1982. consists of the
payments Which shall be made pu:suant to this amendment and the
promises and agreements herein set forth.

2. This contract amendment "is a supplement to the Original
Contract. Attachment A. Which is by this reference incorporated
and made a part hereof: and all the terms, conditions, ana
provisions thereof. unless specifically modified herein, are to
apply to this contract amendment as though they were expressly
rewritten. incorporated. and included herein.

J95-5J-<n..1O"1-<;

0125E"

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