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AGENCY NAME: Water Conservation Board <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: 97 PDA If <br />$ 2,542,500 <br />LOAN CONTRACT & PROMISSORY NOTE <br />THIS CONTRACT, made this day of "'.�l�� 1996, by and <br />between the State of Colorado for the use and benefit of the bepartment of Natural Resources, <br />Colorado Water Conservation Board (CWCB), hereinafter referred to as the STATE, and the TOWN OF <br />JOHNSTOWN, ("TOWN") and the TOWN OF JOHNSTOWN WATER ACTIVITY ENTERPRISE, P.O. Box <br />609, Johnstown, Colorado 80534, hereinafter referred to as the BORROWER and/or CONTRACTOR. <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 payment in Fund <br />Number 424, Organization YYYY, Appropriation 512, Program WTRC, Object Code 5120, Contract <br />Encumbrance Number C153719. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. Pursuant to the provisions of § § 37760-119 and 37 -60 -120, C.R.S. (1990), the STATE is <br />authorized to loan money for the construction of waterLLproj6cts for the benefit of the people of the <br />STATE provided that the BORROWER assLffs,:feRaynt of that money. <br />4. The Town of Johnstown i ` Itatutory town pursuant to § 31 -1 -203, C.R.S. (1986), <br />located in Weld County in the State of Colorado. <br />5. The Town of Johnstown Water Activity Enterprise is an enterprise within the meaning of <br />§37- 45.1 -101 et sea., C.R.S. (1995 Supp.) and Article X, Section 20 of the Colorado Constitution, <br />and was established by Ordinance No. 521 of the Board of Trustees of the TOWN dated February 5, <br />1996, attached hereto as Appendix 1 and incorporated herein. <br />6. Pursuant to § § 37- 45.1 -101 et seg. and 31 -15 -302 et sect., C.R.S., the BORROWER is <br />authorized to contract to borrow money provided that ordinances have been duly adopted by the <br />Board of Trustees of the TOWN and by the governing body of the BORROWER authorizing repayment <br />of the loan to the STATE according to the terms of the contract. <br />7. The TOWN applied to the STATE for a loan to be used for the construction of a raw water <br />pipeline, hereinafter referred to as the PROJECT. <br />8. The STATE has reviewed a feasibility report compiled by PRC Environmental Management, <br />which is incorporated herein by this reference, and, based upon the feasibility report, the STATE <br />determined the PROJECT to be technically and financially feasible. <br />Town of Johnstown Water Activity Enterprise <br />& Town of Johnstown Page 1 of 14 Loan Contract <br />