C153664 Contract

• Contract/PO #: C153664
• Contractor Name: Fort Lupton, City of & Fort Lupton Water Utility Enterprise
• Contract Type: Loan
• Water District: 1
• County: Weld
• Bill Number: HB 93-1273
• Loan Projects - Doc Type: Contract Documents

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AGENCY NAME: Water Conservation Board

AGENCY NUMBER: PDA

ROUTING NUMBER:

CON T RAe TAM END MEN T #1

THIS AMENDMENT, made this I ~ day of [)f{'lm6f~_1995, by and between the
State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water
Conservation Board (CWCB), hereinafter referred to as the STATE, and CITY OF FORT LUPTON and the
FORT LUPTON WATER UTILITY ENTERPRISE, P. O. Box 148, Fort Lupton, Colorado 80621, hereinafter
referred to as the CONTRACTOR.

FACTUAL RECITALS

1. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund
Number 424, Appropriation Code 444, Contract Encumbrance Number C153664; and

2. Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and

3. The STATE and the CONTRACTOR entered into a contract dated March 2, 1994, Contract
Routing Number 940371, Contract Encumbrance Number C153664, hereinafter referred to as ORIGINAL
CONTRACT, incorporated herein by reference, wherein the STATE agreed to loan money in the total
amount of $4,233,000, and the CONTRACTOR agreed to repay the loan in accordance with the terms of
the ORIGINAL CONTRACT; and

4. The Repayment Schedule, referred to as APPENDIX F in the ORIGINAL CONTRACT, incorrectly
referred to the loan amount as $4,223,000 and the repayment was calculated using this incorrect
amount instead of the correct amount of $4,233,000; and

5. The STATE and the CONTRACTOR have agreed, in accordance with Paragraph B.6 of the
ORIGINAL CONTRACT, that the interest accrued during construction shall be added to the principal loan
amount, and that the date of first payment for the loan will be January 1, 1997; and

6. The parties mutually agree to amend the ORIGINAL CONTRACT in order to establish a correct
annual repayment amount and correct loan amount on the Repayment Schedule; and

7. The STATE has deteremined that the collateral pledged in the ORIGINAL CONTRACT is adequate
to cover the loan amount increased by the accrued interest during construction added into the loan
amount to be repaid.

City of Fort Lupton & the Fort Lupton Water Utility Enterprise Contract Amendment

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