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<br />BORROWER: CENTRAL COLORADO WCD <br />~ Contract No. C150160 <br />Project Amount $4,468,515 <br />Loan Service Fee $44,685 <br />Loan Amount $4,513,200 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA . <br />Routing Number 05 PDA DODOLf <br /> <br />LOAN <br /> <br />CONTRACT <br /> <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br /> <br />THIS CONTRACT, made this July 10, 2004, by and between the State of Colorado for <br />the use and benefit of the Department of Natural Resources, Colorado Water Conservation <br />Board ("CWCB" or "STATE"), and the Ground Water Management Subdistrict of the Central <br />Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80634, <br />("BORROWER"). <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 bala.nce thereof remains available for <br />encumbering and subsequent payment of this contract under: Contract Encumbrance <br />No. C150160, Fund Number 424, Appropriation Code MC4, Organization YYVY, GBL <br />C160, Program WTRC! Object Code 5560, Reporting Category 0160. <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 <br />authority for making this loan (Section 3), and CWCB Approval and Legislative <br />Authorization which identifies the amount of the .Ioan and the terms of repayment <br />(Section 4). <br /> <br />4. The CWCB now desires, by this contract, to loan money to the BORROWER for this <br />PROJECT upon mutually agreeable terms and conditions. <br /> <br />THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br /> <br />A. LOAN PROVISIONS <br /> <br />1. Loan Service Fee. The amount of the loan (LOAN AMOUNT) shall include (1) the <br />amount of the funds loaned by the CWCB to the BORROWER for the PROJECT and (2) <br />a service fee of one percent (1 %) of the PROJECT amount. In the event that the <br />BORROWER does not use the LOAN AMOUNT authorized, the parties shall amend this <br />contract to revise the LOAN AMOUNT including adjustment of the service fee to reflect <br />1 % of the actual LOAN AMOUNT disbursed to the BORROWER. <br /> <br />2. Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the contract. <br /> <br />a. A service fee shall be imposed on the BORROWER for amendments processed for <br /> <br />Page 1 of 10 <br />