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BORROWER: REPUBLICAN RIVER WATER <br />CONSERVATION DISTRICT, ACTING BY AND <br />THROUGH ITS WATER ACTIVITY ENTERPRISE <br />Contract No. C150275 <br />Project Amount $4,500,000 <br />Loan Service Fee $45,000 <br />Loan Amount $4,545,000 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 09 PDA <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br />THIS CONTRACT, made this November 19, 2008, is 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 Republican River Water Conservation <br />District, acting by and through its Water Activity Enterprise ( "BORROWER" OR <br />"CONTRACTOR "). <br />FA E LS <br />1. Authority exists in the law, and s h dgeted, appropriated and otherwise <br />made available and a sufficient u e ed balance thereof remains available for <br />encumbering and subsequent en f this contract under: Contract Encumbrance <br />No. C150275, Fund Number` propriation Code MS9, Organization YYYY, GBL <br />R275, Program WTRC, Object de 5560, Reporting Category 0275. <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), CWCB's <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 />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 parties shall amend this <br />Loan Contract C150275 <br />Page 1 of 11 <br />