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BORROWER: ROXBOROUGH WATER AND <br />SANITATION DISTRICT ACTING BY AND <br />THROUGH ITS WATER ACTIVITY ENTERPRISE <br />CONTRACT No. C150346 <br />REQUESTED LOAN AMOUNT $18,355,000 <br />LOAN SERVICE FEE $183,550 <br />LOAN AMOUNT $18,538,550 <br />AGENCY NAME: Water Conservation Board <br />AGENCY NUMBER: PDA <br />CWCB CMS #60231 <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 10, 2003) <br />THIS CONTRACT, made between the State of Colorado for the use and benefit of The <br />Department of Natural Resources, Colorado Water Conservation Board ( "CWCB" or <br />"STATE "), and ROXBOROUGH WATER AND SANITATION DISTRICT, acting by and through its <br />Water Activity Enterprise ( "BORROWER" OR "DISTRICT "), 6222 N. Roxborough Park Road, <br />Littleton, Colorado, 80125, a Colorado Title 32 Special District. <br />FACTUAL RECITALS <br />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 <br />Encumbrance No. C150346, Fund Number 424, Appropriation Code L13, Organization <br />YYYY, GBL R346, Program WTRC, Object Code 5560, Reporting Category 0346; and <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies; and <br />3. On January 28, 2013, the CWCB approved a loan request, from the BORROWER for the <br />Raw Water Supply Project ( "PROJECT "), to purchase a permanent raw water supply. The <br />total coast of the PROJECT is $26,300,000; and <br />4. 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); and <br />5. 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 />Loan Contract C150346 <br />Page 1 of 12 <br />