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<br />$1,000,000 from the CWCB's Construction Fund and the State Severance Tax Trust <br />Fund Perpetual Base Account Fund without prior approval from the General <br />Assembly <br /> <br />SECTION 4 - BOARD ApPROVAL AND LEGISLATIVE AUTHORIZATION (IF NEEDED) <br /> <br />A. At its September 2002, meeting, the CWCB approved a loan to the BORROWER in <br />an amount up to $349,799 at an interest rate of 3.75% per annum for a repayment <br />term of 30 years. <br /> <br />B. Section 37-60-122(1 )(b) C.R.S., authorizes the CWCB to make loans of up to <br />$1,000,000 from the CWCB's Construction Fund and the State Severance Tax <br />Trust Fund Perpetual Base Account Fund without prior approval from the General <br />Assembly <br /> <br />SECTION 5 - SCHEDULE OF EXISTING DEBT <br /> <br />The BORROWER has an existing REA loan dated April 1996 from Y -W Electric <br />Association, Inc. The current principal balance of the loan is $192,000 and it will <br />be paid off in November 2005. The CWCB approved the loan based on the <br />CWCB loan being subordinate to the REA loan. <br /> <br />SECTION 6 - ADDITIONAL CONTRACT REQUIREMENTS <br /> <br />The CWCB condition for approval that the BORROWER shall provide formal <br />evidence that Y-W Electric Association has agreed to grant CWCB parity status <br />on those annual water fund revenues in excess of $230,000 has been satisfied <br />by the certificate dated January 23, 2003, from the Y-W Electric Association, <br />incorporated herein by reference, confirming CWCB's parity status on the annual <br />water fund revenues in excess of $230,000. <br /> <br />SECTION 7 - CONSTRUCTION FUND PROGRAM PROCEDURES <br /> <br />A. The BORROWER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PROJECT. <br /> <br />B. The BORROWER'S and the Engineering Consultant's Agreements and the plans and <br />specifications must be submitted to the CWCB staff for verification of compliance <br />with the terms of this Contract when available prior to bidding. Any modifications <br />to the plans and specifications must be approved in writing by the CWCB staff. <br /> <br />C. For plans and specifications for all jurisdictional dams and reservoirs, as defined <br />by 9 37-87-105 C.R.S., the BORROWER shall provide a letter of approval from the <br />State Engineer's Office prior to construction. <br /> <br />D. CWCB staff must be present at bidding and must approve the award of the <br />construction contract. <br /> <br />E. The BORROWER shall contract forthe construction of the work with responsible and <br />capable Construction Firms, which said Construction Firms shall be selected by <br />the BORROWER and found acceptable by the CWCB staff. <br /> <br />F. The BORROWER must provide a copy of the executed construction contract <br />documents consisting of the contractor's proposal, construction contract, <br />