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BORROWER: WATER SUPPLY AND <br />STORAGE COMPANY <br />Contract No. C150281 <br />Original Loan Amount: $843,350 <br />Adjustment (Decrease): $138,846.09 <br />Adjusted Loan Amount: $704,503.91 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />LOAN CONTRACT AMENDMENT NO. 1 <br />(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 1 O, 2003) <br />This Amendment, made this May 10, 2010, by and befinreen the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB"), and the Water Supply and Storage Company, 2319 E. <br />Mulberry Avenue, Fort Collins, CO 80522, a Colorado nonprofit corporation (" BORROWER " <br />OI' "CONTRACTOR"). <br />FACTUAL RECITALS <br />A. Authority exists in the law, and funds have been budgeted, appropriated, and otherwise <br />made available for payment in Contract Encumbrance Number C150281. <br />B. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />C. The CWCB and the BoRROwER entered into Contract Encumbrance Number C150281, <br />dated May 15, 2009 (" ORIGINAL CONTRACT incorporated herein by reference, wherein <br />the CWCB agreed to loan money in the total amount up to $843,350, and the <br />BoRROwER agreed to repay the loan in accordance with the terms of the ORi�iNA� <br />CONTRACT. <br />D. The project financed <br />2010, and of the <br />$704,503.91. <br />with the loan proceeds was substantially complete as of April 1, <br />$843,350 loan amount available, the BORROWER used only <br />E. The parties agree to amend the contract to reduce the final loan amount to <br />$704,503.91. <br />NOW THEREFORE, it is hereby agreed that <br />�- 1. Consideration for this Amendment to the ORi�iNa� CoNTt�acT consists of the payments <br />that shall be made pursuant to this Amendment afld ORIGINAL CONTRACT and the <br />promises and agreements herein set forth. <br />2. It is expressly agreed by the parties that this Amendment is supplemental to the <br />ORIGINAL CONTRACT and all terms, conditions, and provisions thereof, unless <br />specifically modified herein, are to apply to this Amendment as though they were <br />expressly rewritten, incorporated, and included herein. <br />3. The BoRROwER agrees that it shall execute the following document, all of which shall <br />set forth the revised loan amount of $704,503.91: <br />Loan Contract C150281 Amendment No. 1 <br />Page 1 of 5 <br />