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<br />I <br /> <br />~~" <br /> <br />\ 7"" <br />DEPARTMENT 0, \ ) NAME <br />Water Conserv".{o\\ Doard <br /> <br />DEPARTMENT OR AGENCY NUMBER <br />PDA <br /> <br />ROUT! NG NUMBER <br /> <br /> <br />hereinafter <br /> <br />$ 300,000 <br /> <br />EMERGENCY <br />LOAN CONTRACT <br /> <br />TIllS CONfRACf, made this 8th day of <br /> <br />March <br /> <br />use and benefit of the Department of NA11JRAL RESOURCES <br /> <br />(COLORADO WATER CONSERVATION BOARD) . <br />referred to as the State, and THE WINDSOR RESERVOIR AND CANAL COMPANY. <br /> <br />P.O. BOX 206. EATON. CO 80615 <br /> <br />hereinafter referred to as the <br /> <br />Borrower. <br /> <br />1. WHEREAS, authority exists in the Law and Funds have been bUdgetnp,IP~notherwise made available and a <br />sufficient unencumbered balance thereof remains.available for payment in Fund N~~~ion YYYY; Appropriation VII' <br />.J Program~Object Code~16.P::.ontract Encumbrance Number; c:.1.531.~ q ; and <br />2. WHEREAS, required approval, clearance and coordination ha~~,l comP"rCflfd WJi appropriate agencies; and <br />3. WHEREAS, pursuant to the provisions ~cJonJ.37\8-A91tLf 37-60-120, <br />Colorado Revised Statutes, the State is authorized to .loan money for the construction <br />of water projects for the benefit of the people of the State provided that the Borrower <br />assures repayment. of that money; and <br /> <br />4. WHEREAS, in accordance with Section 37-60-122.6 C.R.S. , the State is <br />authorized to loan money from the Emergency Infrastructure Account for projects <br />which it determines are necessary to avoid unreasonable risk of injury or damage to <br />human health or well being or to property or crops when the Colorado Water <br />Conservation Board determines that the emergency condition is not the result of <br />negligence in the operation or maintenance of the infrastructure; and <br /> <br />5. WHEREAS, on June 22, 1993, a slide developed on the Poudre Valley Canal, <br />owned by the Borrower, which seriously threatened to destroy a portion of that Canal; <br />and <br /> <br />6. WHEREAS, the Colorado Water Conservation Board determined at their <br />January 19, 1994 meeting that the conditions at the PoudreValley Canal (which is <br />infrastructure owed by the Borrower) did constitute an emergency condition qualifying <br />for a loan from the Emergency Infrastructure Account; and <br /> <br />7, WHEREAS, the Colorado Water Conservation Board approved at their <br />January 19, 1994 meeting, an emergency loan to the Borrower in a maximum amount <br />of $300,000 (Three hundred Thousand Dollars), not to exceed seventy five percent <br /> <br />Page ~ of 13 Pages <br />