Laserfiche WebLink
CONTRACT AMENDMENT <br /> Amendment COFRS No. C150341 CORE No. CT2015-027 <br /> No. 3 Original CMS No. 51846 <br /> Amendment 1 CMS No. 74813 <br /> Amendment 2 CMS No. 81998 <br /> Amendment 3 CMS No. 86810 <br /> 1) PARTIES <br /> This Amendment No.3(AMENDMENT)to the above-referenced ORIGINAL LOAN CONTRACT, <br /> Amendment No. 1, and Amendment No. 2 (hereinafter called the ORIGINAL CONTRACT) is <br /> entered into by and between the Pisgah Reservoir and Ditch Company, 917 Elm Avenue, <br /> Rocky Ford, Colorado 81067, a Colorado nonprofit corporation, (hereinafter called <br /> "BORROWER"), and the STATE OF COLORADO (hereinafter called the"STATE") acting by <br /> and through the Department of Natural Resources, Colorado Water Conservation Board, <br /> (hereinafter called "CWCB"). <br /> 2) EFFECTIVE DATE AND ENFORCEABILITY <br /> This AMENDMENT shall not be effective or enforceable until it is approved and signed by the <br /> Colorado State Controller or designee (hereinafter called the"EFFECTIVE DATE"), but shall be <br /> effective and enforceable thereafter in accordance with its provisions. <br /> 3) FACTUAL RECITALS <br /> The Pisgah Reservoir and Ditch Company requested a loan, from CWCB,for the Mount <br /> Pisgah Dam/Wrights Reservoir Outlet Works Rehabilitation Project(PROJECT). The purpose <br /> of the PROJECT is to make improvements to the Pisgah Dam Outlet Works, per the State <br /> Engineer's Office (SEO)directions,to avoid a restriction order. This Amendment is to update a <br /> change to the collateral to include the Mount Pisgah Reservoir, commonly known as the <br /> Wrights Reservoir. <br /> 4) CONSIDERATION <br /> Consideration for this AMENDMENT to the ORIGINAL CONTRACT consists of the payments that <br /> shall be made pursuant to this AMENDMENT and ORIGINAL CONTRACT and the promises and <br /> agreements herein set forth. <br /> The Parties acknowledge that the mutual promises and covenants contained herein and <br /> other good and valuable consideration are sufficient and adequate to support this <br /> AMENDMENT. <br /> 5) LIMITS OF EFFECT <br /> This AMENDMENT is incorporated by reference into the ORIGINAL CONTRACT, and the <br /> ORIGINAL CONTRACT and all prior amendments thereto, if any, remain in full force and effect <br /> except as specifically modified herein. <br /> 6) MODIFICATIONS <br /> The ORIGINAL CONTRACT No. CT2015-027 (C150341) and all prior amendments thereto, if <br /> any, are modified as follows: <br /> a) Amend this contract to update a change to the collateral to include the Mount Pisgah <br /> Reservoir, commonly known as the Wrights Reservoir. <br /> Amendment No. 3 <br /> Page 1 of 3 <br />