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Section 37- 60- 122(1)(b), C.R.S., authorizes the CWCB to make loans of up to <br />$10,000,000 from the CWCB's Construction Fund and the State Severance Tax Trust <br />Fund Perpetual Base Account Fund without prior approval from the General <br />Assembly. <br />SECTION 4 - BOARD APPROVAL AND LEGISLATIVE AUTHORIZATION (IF NEEDED) <br />At its September, 2012 meeting, the CWCB approved a Small Project Loan from the <br />Construction Fund to the BORROWER in an amount up to $3,030,000 for PROJECT costs, not to <br />exceed 90% of the cost of the PROJECT, with a loan origination fee of 1 % in accordance with <br />CWCB Policy No. 16, at an interest rate of 1.75% per annum for a repayment term of 30 <br />years. <br />SECTION 5 — SCHEDULE OF EXISTING DEBT <br />BORROWER's existing debt consists of a CWCB loan, Loan Number C150194, issued in <br />2010 for acquisition of water rights and gravel pit storage. The initial balance was <br />$14,934,612 at 2.50% over a 30 -year term, resulting in an annual payment of $713,541. <br />The current principal balance is $14,245,757 and collateral for the loan is a pledge of <br />the 9 mill property tax revenues. <br />SECTION 6 — ADDITIONAL CONDITIONS & CONTRACT REQUIREMENTS <br />The Borrower agrees to convey, as COLLATERAL, an undivided one hundred percent <br />(100 %) interest in all WATER RIGHTS purchased with LOAN CONTRACT funds. Prior to <br />disbursement of funds, the BORROWER shall provide CWCB an appraisal or written <br />opinion of the value of WATER RIGHTS proposed for purchase and an engineering <br />analysis identifying how the water will be put to beneficial use. Any modification to the <br />original contract, to include Water Rights as Collateral, shall require a properly executed <br />amendment which shall include a DEED OF TRUST in the form of an attachment to the <br />amendment and where applicable, a STOCK ASSIGNMENT in the form of an attachment to <br />the amendment. Each executed appendix shall automatically be incorporated into and <br />be part of this LOAN CONTRACT on the date of such change as if fully set forth herein. <br />SECTION 7 — PROCEDURES FOR WATER PURCHASE PROJECTS AND CONSTRUCTION PROJECTS <br />A. The BORROWER must submit a written appraisal or opinion of value from a qualified <br />water rights appraiser supporting the purchase price, prior to disbursal of loan <br />funds for the purchase of water rights. <br />B. The BORROWER shall pay all of the expenses related to the PROJECT when such <br />bills are due. <br />C. The BORROWER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PROJECT. <br />D. Engineering contracts, plans and specifications must be submitted to the CWCB <br />staff for verification of compliance with the terms of this CONTRACT when available <br />Appendix 1 to Loan Contract C150337 <br />Page 2 of 4 <br />