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...{'�'d . _..._T�p. t <br />BORROWER CITY OF AURORA, ACTING BY AND <br />THROUGH ITS UTILITY ENTERPRISE <br />Contract No. C150243 <br />Maximum Project Amount: $75,000,000 <br />Loan Service Fee: one percent (1 %) of <br />Funds Disbursed <br />Maximum Loan Amount: $75,750,000 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 08 PDA d>Oc� 5��_ <br />LOAN CONTRACT <br />THIS LOAN CONTRACT, made this November 20, 2007 (this "Contract"), by and <br />between the State of Colorado for the use and benefit of the Department of Natural <br />Resources, Colorado Water Conservation Board ("CWCB" or "STATE"), and the City of <br />Aurora, acting by and through its Utility Enterprise, 15151 E. Alameda Parkway, Aurora, <br />Colorado 80012, a Colorado municipality ("BORROWER"). <br />FACTUAL RECITALS <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. C150243, Fund Number 424, Appropriation Code L07, Organization YYYY, GBL <br />A243, Program WTRC, Object Code 5510, Reporting Category 0243. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. Description of PRO�ECT: The BoRROwER applied to the CWCB for a loan to be used <br />for the construction of a portion of the Prairie Waters Conveyance System <br />� <br />, <br />hereinafter referred to as the PRO�ECT. The total cost of the Conveyance System is <br />estimated at $250,000,000, and includes three pumping stations and approximately <br />33 miles of pipeline. The CWCB will finance up to $75,000,000 of the PRO,IECT (the <br />Maximum Project Amount). <br />Description of Feasibility Study: The CWCB has reviewed a feasibility study report on <br />the PRO�ECT compiled by CH2M Hill and containing the Loan Application, which is <br />attached to the Loan Contract as Appendix 2 and incorporated herein by reference. <br />The information provided in the application was true when given and remains true in all <br />material respects unless otherwise noted. Based upon the representations made in the <br />feasibility study and loan application, the CWCB determined the PRO�ECT to be <br />technically and financially feasible. <br />5. CWCB's auTHORiTY: Construction Fund. This Loan is made pursuant to the provisions <br />of §§ 37-60-119 and 37-60-120, C.R.S., which authorize the CWCB to loan money for <br />water projects from the CWCB Construction Fund for the benefit,of the people of the <br />state, provided that the borrower assures repayment of that money. � <br />6. BOARD APPROVAL AND LEGISLATIVE AUTHORIZATION <br />Loan Contract C150243 <br />Page 1 of 15 <br />