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<br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: ~ <br /> <br />$922,000 <br /> <br />LOAN CONTRACT <br /> <br />THIS CONTRACT, made this ~~cl day of November 1999, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board, hereinafter referred to as the CWCB and/or STATE, and the Town of Palisade <br />, <br />hereinafter referred to as the BORROWER and/or CONTRACTOR, 175 E, 3rd Street, P.O. Box 128, <br />Palisade, Colorado 81526. <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment in Fund <br />Number 424, Organization YYYV, Appropriation 533, Program WTRC, Reporting Category 0006, <br />Object Code 5110, Contract Encumbrance Number C150006. <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />3. Pursuant to the provisions of ~~ 37-60-119 and 37-60-120, C.R.S. (1999), the STATE is <br />authorized to loan money for the construction of water projects for the benefit of the people of the <br />STATE, provided that the borrower assures repayment of that money. <br /> <br />4. The TOWN is a duly constituted statutory town pursuant to ~ 31-1-203, C.R.S. (1999), located in <br />Mesa County, Colorado. <br /> <br />5. The BORROWER applied to the STATE for a loan to be used for the construction, installation and <br />replacement of the Cottonwood Creek Pipeline, hereinafter referred to as the PROJECT, at an <br />estimated total cost of $1 ,242,000. <br /> <br />6. The STATE has reviewed a feasibility study report on the PROJECT compiled by WestWater <br />Engineering (Grand Junction) and Hydrosphere Resource Consultants (Boulder), which is <br />incorporated herein by reference, and, based upon the feasibility report, the STATE determined <br />the PROJECT to be technically and financially feasible. <br /> <br />7. At its November 1994 meeting, the CWCB approved a loan to the BORROWER in the amount of <br />up to $750,000, not to exceed 75% of PROJECT costs, at an interest rate of 4% per annum for a <br />term of thirty (30) years, to finance a portion of the PROJECT. At its November 1997 meeting, the <br />CWCB approved increasing that loan by $172,000 to a total of up to $922,000, not to exceed <br />75% of PROJECT costs, at an interest rate of 4% per annum for a term of thirty (30) years, to <br />finance a portion of the PROJECT. <br /> <br />8, Pursuant to 1995 Colo. Sess. Laws, Ch, 117, Section 1(1)(13) and to 1998 Colo. Sess. Laws, <br />Ch, 175, Section 3(1), the Colorado General Assembly authorized CWCB to loan to the <br /> <br />Town of Palisade <br /> <br />Page 1 0111 <br />