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40 <br /> BORROWER: FISHER DITCH COMPANY Agency Name: Water Conservation Board <br /> Contract No. C150319 Agency Number PDA <br /> Project Amount $450,000 <br /> Loan Service Fee $4,500 <br /> Loan Amount $454,500 <br /> Poi <br /> LOAN CONTRAC <br /> (STANDARD CONTRACT-WAIVER#160-APPROVED NOVE 0 <br /> THIS CONTRACT, made this January 25, 2012, is by and between f <br /> Colorado for the use and benefit of The Department of Natural Resources, Colorado Water <br /> Conservation Board ("CWCB" or "STATE"), and Fisher Ditch Company, 1800 Larimer <br /> Street, Suite 1300, Denver, CO 80202, a Colorado nonprofit corporation ("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 Encumbrance <br /> No. C150319, Fund Number 424, Appropriation Code M12, Organization YYYY, GBL <br /> F319, Program WTRC, Object Code 5882, Reporting Category 0319. <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 /> 1. 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 /> contract to revise the LOAN AMOUNT including adjustment of the service fee to reflect <br /> 1% of the actual LOAN AMOUNT disbursed to the BORROWER. <br /> 2. Contract Amendment Service Fees. Under certain circumstances, the BORROWER <br /> shall be assessed a fee for amending the contract. <br /> a. A service fee shall be imposed on the BORROWER for amendments processed for <br /> Loan Contract C150319 <br /> Page 1 of 11 <br />