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<br />BORROWER: CENTRAL COLORADO WCD <br />Contract No. C150117 <br />Loan Amount $15,000,000 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number: 04 PDA 00028 <br /> <br />LOAN <br /> <br />CONTRACT <br /> <br />THIS CONTRACT, made this October 1,2003, byand between the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB" and/or the "STATE"), and t~e Ground Water Management <br />Subdistrict of the Central Colorado Water Conservancy District, 3209 West 28th Street, <br />Greeley, Colorado 80634 ("BORROWER" and/or "CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise <br />made available and a sufficient unencumbered balance thereof remains available for <br />payment as follows: Fund Number 424, Organization YYVY, Appropriation Code L03, GBL <br />C117, Program WTRC, Object Code 5560, Reporting Category 0117, Contract <br />Encumbrance No. C150117. <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />3. The Project Summary, attached as Appendix 1 and incorporated herein, contains <br />BORROWER Information (Section 1), the PROJECT Description (Section 2), CWCB's authority <br />for making this loan (Section 3), and CWCB Approval and Legislative Authorization which <br />defines the amount of the loan and the terms of repayment (Section 4). <br /> <br />4. The CWCB now desires, by this contract, to loan money to the BORROWER for this PROJECT <br />upon mutually agreeable terms and conditions. <br /> <br />THEREFORE, in consideration of the mutual and dependent covenants contained herein, <br />the parties agree as follows: <br /> <br />A. LOAN PROVISIONS <br /> <br />1. Contract Amendment Service Fees. Under certain circumstances, the BORROWER shall <br />be assessed fees for amending the contract. <br /> <br />a. A service fee shall be imposed on the BORROWER for amendments processed for the <br />benefit of the BORROWER and necessary for 'the BORROWER'S course of business, <br />including, but not limited to, a change in borrower name (novation), assignment of <br />contract, substitution of collateral, loan payment deferments in excess of 3 per loan, <br />and loan consolidation. Amendments in the course of CWCB business, including, but <br />not limited to, loan payment deferments (up to 3 per loan), and changes in terms of <br />loan repayment will be processed at no additional charge to the BORROWER <br /> <br />b. The amount charged shall be in accordance with the fee rate structure set forth in the <br />CWCB Loan Service Charge Policy in effect at the time the BORROWER shall request <br />an amendment. The current fee for an amendment is $1,000. <br /> <br />c. The BORROWER shall remit the service fee to the CWCB prior to initiation of the <br /> <br />Page 1 of 10 <br />