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C150351 Contract
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C150351 Contract
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Last modified
12/30/2015 3:09:13 PM
Creation date
11/19/2013 7:16:58 AM
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Template:
Loan Projects
Contract/PO #
CT2015-053
C150351
Contractor Name
Missouri Heights - Mountain Medow Irrigation Company
Contract Type
Loan
County
Eagle
Garfield
Loan Projects - Doc Type
Contract Documents
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CONTRACT AMENDMENT <br /> Amendment#1 Original Loan Contract#0150351 Amendment CMS Number <br /> Original CMS #62265 #73984 <br /> CORE: CT2015-053 <br /> 1) PARTIES <br /> This Amendment No. 1 (AMENDMENT) to the above-referenced ORIGINAL CONTRACT (hereinafter called <br /> the ORIGINAL CONTRACT) is entered into by and between the Missouri Heights-Mountain Meadow <br /> Irrigation Company, P.O. Box 548, Carbondale, Colorado 81623, a mutual ditch company, <br /> (BORROWER), and the STATE OF COLORADO (hereinafter called the "STATE") acting by and through <br /> the Department of Natural Resources, Colorado Water Conservation Board, (hereinafter called <br /> "CWCB"). <br /> 2) EFFECTIVE DATE AND ENFORCEABILITY <br /> This AMENDMENT shall not be effective or enforceable until it is approved and signed by the Colorado <br /> State Controller or designee (hereinafter called the "EFFECTIVE DATE"), but shall be effective and <br /> enforceable thereafter in accordance with its provisions. <br /> 3) FACTUAL RECITALS <br /> The Missouri Heights-Mountain Meadow Irrigation Company was approved for a loan, from the CWCB, <br /> totaling $454,500.00 on November 8, 2013 to finance the Irrigation Ditch Lining Project(PROJECT). <br /> The PROJECT was substantially completed as of July 1, 2014. The Parties agree to amend the contract <br /> to reduce the final loan amount. The total amount disbursed under this contract was $428,548.48 and a <br /> decrease of$25,951.52 will be made to the contract for the funds no longer needed. Additionally, the <br /> Borrower made two principal prepayments to the loan that totaled $349,999.29, resulting in a new loan <br /> balance of$78,549.19 <br /> 4) CONSIDERATION <br /> Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that shall be <br /> made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and agreements herein <br /> set forth. <br /> The Parties acknowledge that the mutual promises and covenants contained herein and other good <br /> and valuable consideration are sufficient and adequate to support this AMENDMENT. <br /> 5) LIMITS OF EFFECT <br /> This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the ORIGINAL <br /> CONTRACT and all prior amendments thereto, if any, remain in full force and effect except as <br /> specifically modified herein. <br /> 6) MODIFICATIONS. <br /> The ORIGINAL CONTRACT No. C150351 and all prior amendments thereto, if any, are modified as <br /> follows: <br /> a) Amend the contract to reduce the final loan amount to$78,549.19. <br /> 1. The loan contract was substantially completed as of July 1, 2014. The total amount <br /> disbursed under this contract was $428,548.48. A decrease of$25,951.52 will be made <br /> to the contract amount for the funds no longer needed. <br /> 2. The Borrower made two principal prepayments to the loan that totaled $349,999.29, <br /> resulting in a decrease in the loan balance. <br /> b) The BORROWER agrees that it shall execute the following documents, all of which shall set forth <br /> the revised loan amount of$78,549.19: <br /> 1. AMENDMENT TO THE PROMISSORY NOTE, APPENDIX A, AMENDMENT NO. 1 TO LOAN <br /> CONTRACT No. C150351, in the amount of $78,549.19 and incorporated herein, which <br /> Page 1 of 3 <br />
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