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� <br />BORROWER: REPUBLICAN RIVER WATER <br />CONSERVATION DISTRICT, ACTING BY AND <br />THROUGH ITS WATER ACTIVITY ENTERPRISE <br />Contract No. C150260 <br />Project Amount $60,000,000 <br />Loan Service Fee $600,000 <br />Loan Amount $60,600,000 <br />� <br />Agency Name: Water Consenration Board <br />Agency Number PDA <br />Routing Number 09 PDA �Oa,�"�- <br />LOAN CONTRACT <br />(STANDARD CONTRACT — WAIVER #160 — APPROVED NOVEMBER 1 O, 2003) <br />THIS CONTRACT made this November 3, 2008, is 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 the Republican River Water Conservation <br />District, acting by and through its Water Activity Enterprise (" BORROWER " oR <br />"CONTRACTOR�� �. <br />FACTUAL RECITALS <br />1. Authority exists in the law, and funds have been budgeted, appropriated and othennrise <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. C150260, Fund Number 424, Appropriation Code S08, Organization YYl'Y, GBL <br />R260, Program WTRC, Object Code 5560, Reporting Category 0260. <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) th@ 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. The CWCB now desires, by this contract, to loan money to the BORROWER f0� thlS <br />PRO�ECr 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 />Loan Service Fee. The amount of the 108f1 (LOAN AMOUNT� shall include (1) the <br />amount of the funds loaned by the CWCB to the BoRROwER for the PRO�ECT and (2) <br />a service fee of one percent (1%) of the PRO�ECT amount. In the event that the <br />BoRROwER does not use the Lo,aN AMOUrvT authorized, the parties shall amend this <br />Loan Contract C150260 <br />Page 1 of 11 <br />