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<br /> <br />ii. <br /> <br />.. <br /> <br />BORROWER: CENTRAL WELD COUNTY WATER <br />DISTRICT, ACTING BY AND THROUGH THE <br />CENTRAL WELD COUNTY WATER DISTRICT ~ <br />WATER ACTIVITY ENTERPRISE <br />Contract No. C150209 <br />Project Amount $4,945,500 <br />Loan Service Fee $49,455 <br />Loan Amount $4,994,955 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 06 PDA OOtJ tt <br /> <br />LOAN CONTRACT <br /> <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br /> <br />THIS CONTRACT, made this February 16, 2006, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB" or "STATE"), and Central Weld County Water District, acting <br />by and through the Central Weld County Water District Water Activity Enterprise, 2235 <br />2nd Ave., Greeley, CO 80631 ("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 balance thereof remains available for <br />encumbering and subsequent payment of this contract under: Contract Encumbrance <br />No. C150209, Fund Number 424, Appropriation Code MS6, Organization YYVY, GBL <br />C209, Program WTRC, Object Code 5560, Reporting Category 0209. <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 loan 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 /> <br />Loan Contract C150209 <br />Page 1 of 11 <br />