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SECTION 4 - BOARD APPROVAL <br />At its November 2012 meeting, the CWCB approved a Small Project Loan from the <br />Construction Fund to the BORROWER in an amount up to $2,000,000 for PROJECT costs, <br />plus $20,000 for the loan origination fee of 1 % in accordance with CWCB Policy No. 16, <br />resulting in a total loan amount of $2,020,000, not to exceed 90% of the cost of the <br />PROJECT, with at an interest rate of 3.15% per annum for a repayment term of 30 years. <br />SECTION 5 — SCHEDULE OF EXISTING DEBT <br />No existing debt. <br />SECTION 6 - COLLATERAL <br />As Security for the loan, the Company will pledge its assessment revenues backed by <br />a rate covenant and an undivided one hundred percent (100 %) interest in the Project <br />which includes outlet works and toe drain, as more particularly described in the DEED <br />OF TRUST ( "COLLATERAL "), in the form attached as APPENDIX 5 and incorporated <br />herein. This is in compliance with the CWCB Financial Policy #5 (Collateral). <br />SECTION 7 — ADDITIONAL CONDITIONS & CONTRACT REQUIREMENTS <br />No additional conditions or contract requirements <br />SECTION 8 — CONSTRUCTION FUND PROGRAM PROCEDURES <br />A. The BORROWER shall employ an engineer, registered in the state of Colorado to <br />prepare plans and specifications for the PROJECT. <br />B. The BORROWER's and the Engineering Consultant's Agreements and the plans and <br />specifications must be submitted to the CWCB staff for verification of compliance <br />with the terms of this CONTRACT when available prior to bidding. Any modifications <br />to the plans and specifications must be approved in writing by the CWCB staff. <br />C. For plans and specifications for all jurisdictional dams and reservoirs, as defined by <br />§ 37 -87 -105 C.R.S., the BORROWER shall provide a letter of approval from the State <br />Engineer's Office prior to construction. <br />D. CWCB staff must be present at bid opening and must approve the award of the <br />construction contract. <br />E. The BORROWER shall contract for the construction of the work with responsible and <br />capable Construction Firms, which said Construction Firms shall be selected by the <br />BORROWER and found acceptable by the CWCB staff. <br />F. The BORROWER must provide a copy of the executed construction contract <br />documents consisting of the contractor's proposal, construction contract, <br />performance bond, payment bond, notice of award, notice to proceed, sample <br />change order, and sample field order, as well as the advertisement for bid and bid <br />bond at bidding. After the CWCB staff verifies that these documents comply with <br />the terms of this CONTRACT, the BORROWER may issue the notice to proceed to the <br />Construction Firms. <br />Appendix 1 to Loan Contract C150344 <br />Page 2 of 4 <br />