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~ <br />BORROWER: DOLORES WATER <br />CONSERVANCY DISTRICT, ACTING BY AND <br />THROUGH ITS DOLORES WATER <br />CONSERVANCY DISTRICT WATER ACTIVITY <br />ENTERPRISE <br />Contract No. C150193 <br />Project Amount $3,323,180 <br />Loan Service Fee $33,231.80 <br />Loan Amount $3,323,180 <br />~ <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 06 PDA 00 D 3 J <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #160 -APPROVED NOVEMBER 1 O, 2003~ <br />THIS CONTRACT, made this 1 st day of September, 2005, 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 Dolores Water Conservancy District, acting <br />by and through its Dolores Water Conservancy District Water Activity Enterprise, P.O. <br />Box 1150, Cortez, Colorado 81321 ("BORROWER"). <br />FACTUAL RECITALS <br />Authority exists in the law, and funds been bu eted, ap opri ed and otherwise <br />made available and s cient u ncu ered bal ce there ains available for <br />encumbering and s e ent pay nt of his cont t under: Contract Encumbrance <br />No. C150193, Fund er 424, A riation Code MS5, Organization YYYY, GBL <br />D193, Program WTRC, bject Code 5560, Reporting Category 0193. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. The PRO~ECT 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 />4. To comply with the terms Of the LOAN CONTRACT, the BORROWER IlltetldS t0 make <br />payments to the CWCB on a schedule, and in such amounts, as indicated in Table <br />XI-D in the BORROWER's Feasibility Report describing the PRO~ECT and compiled by <br />Phillip Saietta, P.E., former BORROWER General Manager, and Steve Harris, P.E., <br />Harris Water Engineering, Inc., which is incorporated herein by reference. <br />5. The CWCB now desires, by this contract, to loan money to the BORROWER f01' thlS <br />PRO~ECT upon mutually agreeable terms and conditions. <br />THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br />Page 1 of 10 <br />