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
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