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<br />l <br />/ <br /> <br />(~~~~ <br /> <br />AGREEMENTS <br /> <br />,. Consideration for this Amendment to the ORIGINAL CONTRACT consists of the payments which <br />shall be made pursuant to this Amendment anCl ORIGINAL CONTRACT and the promises and agreements <br />herein set forth. <br /> <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, are to <br />apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. <br /> <br />3. It is agreed the ORIGINAL CONTRACT is and shall be modified, altered, and changed in the <br />following respects only: <br /> <br />a. The first paragraph of Clause 8.6 is amended to read as follows: <br /> <br />The CONTRACTOR agrees to repay to the STATE the principal sum of Four Million Two <br />Hundred Thirty-Three Thousand Dollars ($4,233,000), and the interest during <br />construction in the amount of One Hundred Sixty-Three Thousand Four Hundred Fifty- <br />Five Dollars and Ninety-Six Cents ($163,455.96), for a total loan amount of Four Million <br />Three Hundred Ninety-Six ThouS4nd Four Hundred Fifty-Five Dollars and Ninety-Six Cents <br />($4,396,455.96), with the interest rate and term of Paragraph A.2. The interest during <br />construction has been calculated from the date of first payment through January 1, <br />1997, as shown on th'e Interest During Construction Calculation, attached hereto as <br />ATTACHMENT 1. <br /> <br />b. The second paragraph of Clause 8.6 is amended to read as follows: <br /> <br />Interest during construction shall be calculated monthly at the rate of two percent (2%) <br />per annum on each loan advance disbursed to the CONTRACTOR during construction. The <br />interest accumulated during cOnstruction shall be added into the principal loan amount <br />under the same terms as the cOnstruction loan. <br /> <br />c. Clause 8.6.a. is amended to read as follows: <br /> <br />Equal annual installment payments of One Hundred Sixty Thousand Seven Hundred <br />Fifteen Dollars and Seventy-Follr Cents ($160,715.74.) as shown in the Repayment <br />Schedule attached hereto as ATTACHMENT 2, and incorporated herein. <br /> <br />d. Clause 8.6.b is amended to reM as follows: <br /> <br />The first installment of the tota( loan amount shall be due and payable on January 1, <br />1997. <br /> <br />4. The effective date of this Amendment is the date first written above. <br /> <br />5. Except for the SPECIAL PROVISIONS, in the eV~nt of any conflict, inconsistency, variance, or contradiction between <br />the provisions of this Amendment and any of the provisions of the ORIGINAL CONTRACT, the provisions of this Amendment shall <br />in all respects supersede, govern. and control. The SPECIAL PROVISIONS shall always be controlling over other provisions in the <br />contract or amendments. The representations in the SPECIAL PROVISIONS concerning the absence of bribery or corrupt influences <br />and personal interest of STATE employees are presently r'aaffirmed. <br /> <br />6. Financial obligations of the STATE payable after the current fiscal year are contingent upon funds for that purpose <br />being appropriated, budgeted, and otherwise made available. <br /> <br />City of Fort Lupton &_the Fort Lupton Water Utility Enterprise Contract Amendment <br /> <br />Page 2 of 3 <br />