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IF, <br /> • • <br /> BORROWER: HALDI DITCH COMPANY AGENCY NAME: Water Conservation Board <br /> CONTRACT No. C150389 AGENCY NUMBER: PDA <br /> PROJECT AMOUNT $50,000 CONTRACT FORM DATE: PRIVATE/070113 <br /> LOAN SERVICE FEE $500 CWCB CMS #63908 <br /> LOAN AMOUNT $50,500 <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 Res.irce-. Colorado Water Conservation Board ("CWCB" or <br /> "STATE"), and Haldi Ditch C�''„ pa , 7669 oothills Hwy, Boulder, Colorado, 80302,, ,,, _ <br /> ("BORROWER"), a Colorado no ",,.o, corporate . <br /> „..., <br /> FACTUAL REC A - -- <br /> r{ <br /> 1. Authority exists in the law, and funds have been bud.= =d, appropr and otherwise <br /> made available and a sufficient unencumbered balance thereof ma s available for <br /> encumbering and subsequent payment of this CONTRACT under: Contra Encumbrance <br /> No. C150389, Fund Number 744, Appropriation Code P14, Organization YYYY, GBL <br /> H389, Program WTRC, Object Code 5882, Reporting Category 0389; and <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 3. On December 19, 2013 the CWCB approved a loan request from the BORROWER for the <br /> Emergency Haldi Ditch Repair to repair damages to the Haldi Ditch diversion structure <br /> and pipeline caused by the 2013 flood event ("PROJECT"). This loan was approved as a <br /> 30 year loan with no payments and zero interest for the first three years followed by <br /> 27 years of amortized payments at the interest rate of 2.35%. <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 /> 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 /> Loan Contract C150389 <br /> Page 1 of 11 <br />