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BORROWER SNOWMASS WATER & SANITATION <br />DISTRICT, ACTING BY AND THROUGH ITS WATER <br />ACTIVITY ENTERPRISE <br />Contract No. C150294 <br />Project Amount $1,933,470 <br />Loan Service Fee $19,335 <br />Loan Amount $1,952,805 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br />THIS CONTRACT, made this September 1, 2009, 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 Snowmass Water & Sanitation District, <br />acting by and through its Water Activity Enterprise ( "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. C150294, Fund Number 424, Appropriation Code MC9, Organization YYYY, GBL <br />S294, Program WTRC, Object Code 5560, Reporting Category 0294. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. The PROJECT Summary, attached as Appendix 1 and incorporated herein, contains <br />BORROWER Information (Section 1), the PROJECT Description (Section 2), CWta <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 for this <br />PROJECT 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) shall include (1) the <br />amount of the funds loaned by the CWCB to the BORROWER for the PROJECT and (2) <br />a service fee of one percent (1 %) of the PROJECT amount. In the event that the <br />BORROWER does not use the LOAN AMOUNT authorized, the contract to revise the LOAN AMOUNT including adjustment of he service fee to reflect <br />1 % of the actual LOAN AMOUNT disbursed to the BORROWER. <br />Loan Contract C150294 <br />Page 1 of 11 <br />