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<br />AGENCY NAME; Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br /> <br />ROUTING NUMBER: 98 PDA <br /> <br />CONTRACT AMEND <br /> <br /> <br />No.1 <br /> <br />THIS AMENDMENT, made this 1/0 day 0 1998, by <br />and between the State of Colorado for the use and benefit 0 Department of Natural <br />Resources, Colorado Water Conservation Board (CWCB), he einafter referred to as the <br />STATE, and The Buffalo Mutual Irrigation Company, hereinafter referred to as the <br />CONTRACTOR. <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, Appropriation Code L97, GBL BUFF, (for <br />the construction loan), Appropriation Code FSL GBL B793 (for $3,500 feasibility study <br />loan), Program WTRC.. Object Code 5120, Reporting Category 3793, Contract <br />Encumbrance Number C153793. <br /> <br />B. Required approval, clearance, and coordination has been accomplished from and with <br />appropriate agencies. <br /> <br />C. The STATE and the CONTRACTOR entered into a contract dated October 23, 1997, <br />Contract Encumbrance Number C153793, hereinafter referred to as ORIGINAL <br />CONTRACT, incorporated herein by reference, wherein the STATE agreed to loan money <br />in the total amount of $253,500 to finance the costs of a feasibility study on the <br />replacement of the CONTRACTOR'S diversion dam and headgate (said replacement <br />hereinafter referred to as the "PROJECT") and to finance the costs of the PROJECT, and <br />the CONTRACTOR agreed to repay the loan in accordance with the terms of the <br />ORIGINAL CONTRACT. <br /> <br />D. During final design of the PROJECT, questions conceming the structural stability of the <br />dam as initially designed resulted in changing the design to include a 200-foot <br />continuous concrete overflow section to maximize stability during high flow conditions <br />and lengthen the life of the new dam. Because this change in design resulted in <br />increased PROJECT costs, the CONTRACTOR requested an additional $128,750 in loan <br />funds to finance the increased costs. <br /> <br />E. 1997 Colo. Sess. Laws, Ch. 168, Section 1 (2) provides that the CWCB may increase <br />authorized loan amounts "as may be justified by reason of changes in the plans for a . <br /> <br />Buffalo Mutual Irrigation Co. <br /> <br />Page 1 of 3 <br /> <br />Contract Amendment No. 1 <br /> <br />:;::,: <br />