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� <br />BORROWER: SWAN'S NEST METROPOLITAN <br />DISTRICT, ACTING BY AND THROUGH ITS WATER <br />ACTIVITY ENTERPRISE <br />Contract No. C150312 <br />Project Amount $150,000 <br />Loan Service Fee $1,500 <br />Loan Amount $151,500 <br />i <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />C ms � a�S3'7 <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #16O - APPROVED NOVEMBER 1 O, 2003� <br />THIS CONTRACT made this 13 day of August, 2010, 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 Swan's Nest Metropolitan District, 375 <br />Revett Drive, Breckenridge, Colorado, 80424, a Colorado Special District, acting by and <br />through its Water Activity Enterprise (" BORROWER "). <br />FACTUAL RECITALS <br />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. C150312, Fund Number 424, Appropriation Code M11, Organization YYYY, GBL <br />S312, Program WTRC, Object Code 5560, Reporting Category 0312. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. The PRO�ecr 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 fOf 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 />A. LOAN PROVISIONS <br />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 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 LOAN AMOUNT authorized the parties shall amend this <br />contract to revise the LoaN AnnourvT including adjustment of the service fee to reflect <br />Loan Contract C150312 <br />Page 1 of 12 <br />