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BORROWER: TOWN OF FOWLER ACTING BY AGENCY NAME: Water Conservation Board <br /> AND THROUGH ITS WATER ACTIVITY AGENCY NUMBER: PDA <br /> ENTERPRISE CONTRACT FORM DATE: 071213 <br /> CONTRACT No. C150359 CWCB CMS #62294 <br /> PROJECT AMOUNT $274,500 <br /> LOAN SERVICE FEE $2,745 <br /> LOAN AMOUNT $277,245 <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 Town of Fowler, a Colorado statutory town, acting by and through its Water <br /> Activity Enterprise, 317 S. Main Street, Fowler, CO 81039, ("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 <br /> Encumbrance No. C150359, Fund Number 424, Appropriation Code M14, Organization <br /> YYYY, GBL F359, Program WTRC, Object Code 5510, Reporting Category 0359; <br /> Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 3. On July 17, 2013, the CWCB approved a loan request from the BORROWER for the <br /> Augmentation Waterline Project to construct a diversion box to separate storm water <br /> from augmentation water and to pipe the augmentation water directly to the Arkansas <br /> River ("PROJECT"); 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 /> Loan Contract C150359 <br /> Page 1 of 12 <br />