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4 <br />AGENCY NAME: Water Conservation Board <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: 0001 <br />$ 317,500 <br />LOAN CONTRACT <br />THIS CONTRACT, made this day of 111 Lt's Qq 1999, by <br />and between the State of Colorado for the use and benefit of the Department of Natural <br />Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB and /or <br />STATE, and The Ryan Gulch Reservoir Company, a Colorado nonprofit corporation, hereinafter <br />referred to as the BORROWER and /or CONTRACTOR. <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 f remains available for <br />payment in Fund Number 424, Organization YYYY, ropdation L99, GBL RYAN, <br />Program WTRC, Object Code 5120, Reporting Category: 23, Contract Encumbrance <br />Number C150023. <br />2. Required approval, clearance, and coordin on ha Oeen accomplished from and with <br />appropriate agencies. <br />3. Pursuant to the provisions of §§ -119 nd 37 -60 -120, C.R.S. (1998) the STATE is <br />authorized to loan money for the, const io f water projects for the benefit of the people <br />of the STATE, provided that th 4101 rower assures repayment of that money. <br />4. The BORROWER is a duly d Colorado ditch and reservoir company formed pursuant <br />to §§ 7-42 -101 et sea. and et seq., C.R.S., located in Larimer County, State of <br />Colorado. <br />5. The BORROWER has applied to the STATE for a loan to be used for Construction of a spillway <br />for BORROWER's Ryan Gulch Dam, hereinafter referred to as PROJECT, at a cost of $428,500. <br />6. The STATE has reviewed a feasibility report compiled by Boyle Engineering of Lakewood, <br />which is incorporated herein by reference, and was financed in part by CWCB, and, based <br />upon this feasibility report, the STATE determined the PROJECT to be technically and <br />financially feasible. <br />7. At its January 27 -28, 1999 meeting, the CWCB approved a loan to the BORROWER in an <br />amount up to $317,500, not to exceed 75% of the cost of the PROJECT, at an interest rate of <br />4.25% per annum for a term of 30 years. <br />8. Pursuant to Senate Bill 99 -173, Section 1(1), the Colorado General Assembly authorized <br />Ryan Gulch Reservoir Company Page 1 of 13 Loan Contract <br />