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BORROWER: CENTRAL COLORADO WATER Agency Name: Water Conservation Board <br />CoNSERVAtvcY D�srRicT Agency Number PDA <br />Contract No. C150194 Routing Number 05 PDA C�C�G��s� <br />Project Amount $20,000,000 <br />Loan Service Fee $200,000 <br />Loan Amount $20,200,000 <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br />THIS CONTRACT, made this June 21, 2005, by and befinreen the State of Colorado for <br />the use and benefit of the Department of Natural Resources, Col4rado Water Conservation <br />Board ("CWCB" or "STATE"), and the Well Augmentation Subdistrict of the Central Colorado <br />Water Conservancy District, 3209 W. 28�' St., Greeley, Colorado 80634-7554 <br />(°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. C150194, Fund Number 424, Appropriation eode S05, Organization YYYY, GBL <br />C194, Program WTRC, Object Code 5560, Reporting Category 0194. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. The Ptto.�ecT Summary, attached as Appendix 1 and incorporated herein, contains <br />BORROWER Information (Section 1), the Pao�ECr 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. The CWCB now desires, by this contract, to loan money to the BoRROVUER for this <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 />A. LOAN PROVISIONS <br />1. Loan Service Fee. The amount of the loan (LOAN AMOUN7) Shall include (1) the <br />amount of the funds loaned by the CWCB to the BoRROweR for the PRO�ECT and (2� a <br />service fee of one percent (1 %) Of th@ PROJECT amount. In the event that the <br />BoRROVVER does not use the LoArv AMOUNT authorized, the parties shall amend this <br />contract to revise the LoaN AnnouNT including adjustment of the service fee to reflect <br />1% of the actual LoAN AMOUNT disbursed to the BoRROVUER. <br />2. Contract Amendment Service Fees. Under certain circumstances, the BoRROwER <br />Page 1 of 10 <br />