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CW12006 <br /> AMENDMENT NO. 2 TO WATER SUPPLY CONTRACT <br /> This Amendment No. 2 to Water Supply Contract is made between the COLORADO <br /> RIVER WATER CONSERVATION DISTRICT (herein the "River District"), a political <br /> subdivision of the State of Colorado, acting by and through its Colorado River Water Projects <br /> Enterprise, and OLDCASTLE SW GROUP, INC., d/b/a/ UNITED COMPANIES (herein <br /> "Contractor") effective as of the date of the River District's execution hereof indicated below. <br /> WHEREAS, the River District and Contractor entered into a Water Supply Conti-act <br /> dated December 17, 2012, for delivery of 7.9 acre feet of Colorado River Supply below the <br /> Roaring Fork Confluence; along with an Amendment to Water Supply Contact dated February <br /> 16, 2017, to increase deliveries to of 9.9 acre feet of Colorado River Supply below the Roaring <br /> Fork Confluence (the "Contract"); and <br /> WHEREAS, rather than terminate the Contract in accordance with Paragraph 6.b.L of the <br /> Contract, the parties desire to amend the Contract to increase the amount of Colorado River <br /> Supply below the Roaring Fork Confluence from 9.9 acre feet to 13.31 acre feet for the remaining <br /> term of the Contract commencing with Project Year July 2020-June 202 1; and <br /> WHEREAS, Contractor remitted payment for 2020-2021 Project Year in the amount of <br /> $1,960.20 for 9.9 acre feet of Colorado River Supply below the Roaring Fork Confluence. In <br /> addition to the payment already paid by Contractor, in order for the River District's delivery <br /> obligation to become effective, Contract shall pay to the River District on the execution of this <br /> Contract, the total sum of $673.20 for the additional 3.4 acre-feet of Contracted Water for the <br /> Project Year 2020-2021. <br /> NOW, THEREFORE, it is hereby agreed: <br /> 1. The amount of 9.9 acre feet in Recital D of the Contract is amended to 13.3 acre <br /> feet. <br /> 2. The amount of 9.9 acre feet referenced in the definition "Contracted Water" shall <br /> be amended to 13.3 acre feet. <br /> 3. Paragraph 3.a. of the Contract shall be amended in its entirety to read: <br /> Upon execution of the Amendment to CW12006, in order for the River <br /> District's obligation to deliver 13.3 acre feet to become effective, <br /> Contractor shall pay to the River District the sum of $2,633.40, being <br /> $198.00 per acre foot of Contracted Water for the 2020-2021 Project Year. <br /> Thereafter, the River District shall provide Contractor an annual invoice <br /> for the Contracted Water, and Contractor shall pay the invoice within <br /> thirty (30) days of receipt. The price for each type of water will be <br /> reviewed and set annually by the River District's Enterprise Board of <br /> Directors (which decision normally will be made prior to March I each <br /> year). Any annual increase in the contract price shall not exceed the then- <br />