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for <br />DEPARTMENT OR AGENCY NAME <br />Water Conservation Board <br />II <br />DEPARTMENT OR AGENCY NUMBER <br />A II <br />ROUTING NUMBER <br />Feasibility Study #C1534,89: 62,500 <br />Pump Station #C153670: ` 400,000 <br />Design & Construction (this contract) 7,537,500 <br />y . Total Appropriated Amount: $ 8,000,000 <br />LOAN CONTRACT <br />THIS CONTRACT, made this of day of ­)a ` 1995, by and between the <br />State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board (CWCB), hereinafter referred to as the STATE, and UTE WATER CONSERVANCY <br />DISTRICT, hereinafter referred to as the District, and UTE WATER ACTIVITY ENTERPRISE, P.O. Box 460, <br />Grand Junction, CO 81502 -0460, hereinafter referred to as the BORROWER and /or CONTRACTOR. <br />RECITALS <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment in Fund Number <br />424, Organization YYYY, Appropriation 419, Program WTRC, Object Code 5120, Contract Encumbrance <br />Number C,/ 7c. ;and <br />2. Required approval, clearance, and coordination have been accomplished from and with appropriate <br />agencies; and <br />3. Pursuant to the provisions of Sections 37 -60 -119 and 37 -60 -120 15 CRS (1990) the STATE is <br />authorized to loan money for the construction of projects for the benefit of the people of the STATE <br />provided that the BORROWER assures rep�crrt4�nfi ofha money; and <br />4. Ute Water Conservancy District is,a wwater conserrcy district in the State of Colorado created <br />and operated pursuant to Article 45, Title 37, CRS, and 9 <br />4 -� <br />5. The Ute WaterActivity Enter�fise-was established pursuant to §37- 45.1 -103, CRS, by Resolution <br />#UW- 94 -04, dated September 14, 14'94 --by the Board of Directors of the Ute Water Conservancy District, <br />and is attached hereto as Appendix A and made a part hereof. The purpose for the creation of the Ute <br />WaterActivity Enterprise was to pursue, continue, and conduct all of the wateractivities of the Ute Water <br />Conservancy District including without limitation operating, maintaining, repairing and replacing, and <br />conducting all water activities related to the PROJECT; and <br />6. The DISTRICT has applied to the STATE for a loan in the total amount of $8,000,000 to be advanced <br />in phases. This phase of the loan shall be for the design and construction of the Plateau Creek pipeline, <br />hereinafter referred to as the PROJECT, initially investigated in the feasibility report (Feasibility Report <br />Contract, #C153489, April 1, 1987, and Feasibility Report, October 1, 1987) conducted by Western <br />Engineers, Inc., of Grand Junction, estimated to cost $16,775,000, and wherein the PROJECT was <br />determined to be technically and financially feasible; and <br />LITE WATER CONSERVANCY DISTRICT Page 1 of 11 LOAN CONTRACT <br />