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t)F.P,> N AGENCI' ~'t.NBER
<br />~ ~u/.FB 34-04-00 ~
<br />~(:ONTRACfROI:TINGtiI'NBEH
<br />AMENDMENT #1 T'~ I
<br />PROJECT No Additional Encumbrance
<br />CONTR.~CT
<br />THIS CONTRACT. made this~day of ~~~:~ ~~ Ig,y~ , by and between the
<br />Slate of Colorado for the usr and benefit of the Department of Natural Resources
<br />(Colorado D7ater Conservation Board),
<br />hrreinaiter referred to as the State. and .z the Town (Clt',• Of r^rultd
<br />Box 633, Frusta, CO 81521,
<br />herrmafter referred to as the contractor ;~ ~~rrrac,or.
<br />WHEREAS. authority exist, in the Law and Funds have been budeeted. appropriated and otherwise made
<br />availahle and a sufficient unencumbered balance thrreof remauu available for payment in Fund :tiumbrr 4008
<br />G!L Account Number 5356X, Contract Encumbrance Number C153382: and
<br />ABL Account No. 13560, Org. Unit 77-77-777,
<br />WHEREAS. required approval, clearance and coordination has been accomplished from and with appropriate
<br />agencies: and
<br />WHEREAS, the State and the Contractor entered into a
<br />contract dated May 1, 1982, contract encumbrance number
<br />C-153382 (hereinafter referred to as the "Original Contract");
<br />and
<br />WHEREAS, paragraph A.S. of the Original Contract requires
<br />the Contractor to execute a wairanty deed conveying certain
<br />described real property to the State as security for the loan;
<br />and
<br />WHEREAS, the Contractor desires to delete paragraph A.S. of
<br />that contract; and
<br />WHEREAS, pursuant to section 17-60-120(1), CRS (1987), the
<br />State is required to have ownership, or to take a sufficient
<br />security interest, or to impose ther obligations, as will
<br />assure repayment of the /`~e~111an to the State; and
<br />WHEREAS, the State i'~ willing to elete paragraph A.S.
<br />provided that prior to t on of this amendment the
<br />Contractor lawfully ~ u s Section 8.21 of its
<br />City Charter, a specs r Hance, which shall be irrepealable
<br />for the period of the project loan, which ordinance shall issue
<br />security payable from future sales tax revenues to repay the
<br />project loan in the event of default; and
<br />WHEREAS, the Contractor has financial difficulties and
<br />could not meet its financial obligations in the years 1987,
<br />1988, and 1989; and
<br />WHEREAS, the Contractor has agreed to increase its future
<br />repayments and make up the deferred payments, plus interest, in
<br />the years 2007, 2008, and 2009; and
<br />WHEREAS, the parties desire to amend the Original Contract
<br />to pcovide for the above-described changes.
<br />NOW THEREFORE, in consideration of the mutual and dependent
<br />covenants herein contained, it is agreed by the parties hereto
<br />as follows:
<br />1. Consideration for this amendment to the Original
<br />Contract, Contract Encumbrance Number C-153382, Contract
<br />Routing Number 8116, dated May 1, 1982, consists of the
<br />payments which shall be made pursuant to this amendment and the
<br />promises and agreements herein set forth.
<br />2. This contract amendment is a supplement to the Original
<br />Contract, Attachment A, which is by this reference incorporated
<br />and made a part hereof; and all the terms, conditions, and
<br />provisions thereof, unless specifically modified herein, are to
<br />apply to this contract amendment as though they were expressly
<br />rewritten, incorporated, and included herein.
<br />395r'34'F101t Paer I of 4 paces 0120E*
<br />
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