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BORROWER: GRAND MESA RESERVOIR CO. Agency Name: Water Conservation Board <br />Contract No. C150157 Agency Number PDA <br />Project Amount $180,000 Routing Number 04 PDA 00058 <br />Loan Service Fee $1,800 <br />Loan Amount $181,800 <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #16O - APPROVED NOVEMBER 1 O, 2003� <br />THIS CONTRACT, made this December 15, 2003, 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 Grand Mesa Reservoir Company, 333 <br />Purdy Mesa Road, Whitewater, CO 81527, a Colorado nonprofit corporation <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. C150157, Fund Number 424, Appropriation Code MC4, Organization YYYY, GBL <br />G157, Program WTRC, Object Code 5882, Reporting Category 0157. <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 PRO,IECT 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 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 />A. LOAN PROVISIONS <br />1. Loan Service Fee. The amount of the loan (LOAN AMOUNT� Sh811 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 AMOUrvT 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 dlSbUl'S@d t0 the BORROWER. <br />2. Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br />shall be assessed a fee for amending the contract. <br />a. A service fee shall be imposed on the BoRROwER for amendments processed for <br />the benefit of the BORROWER and necessary for the BORROWER's course of <br />business but not necessary for the CWCB, including, but not limited to, a change <br />in borrower name (novation), assignment of contract, substitution of collateral, <br />loan payment deferments in excess of 3 per loan, and loan consolidation. <br />Page 1 of 9 <br />