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BORROWER: CENTER OF COLORADO WATER Agency Name: Water Conservation Board <br /> CONSERVANCY DISTRICT Agency Number: PDA <br /> Contract No. C150335 CMS Number: #50323 <br /> Project Amount $400,000 <br /> Loan Service Fee $4,000 <br /> Loan Amount$404,000 <br /> LOAN CONTRAC <br /> 4.6 <br /> • <br /> (STANDARD CONTRACT-WAIVER#160-APPROVED NOVEM , <br /> THIS CONTRACT, made between the State of Colo, • • t - and benefit of the <br /> Department of Natural Resources, Colorado Water at •- • ' CB" or <br /> "STATE"), and the Center of Colorado Water Conservancy r ri• ' . r x 1747, <br /> Fairplay, CO, a Colorado Title 37 Water Conservancy District ("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. C150335, Fund Number 424, Appropriation Code M13, Organization YYYY, GBL <br /> C335, Program WTRC, Object Code 5560, Reporting Category 0335. <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies. <br /> 3. On July 18, 2012.the CWCB Board approved a loan request from the BORROWER to <br /> be used for the construction of the Smelter Pipeline Reservoir Enlargement Project, <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). <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) a <br /> 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 /> Loan Contract C150335 <br /> Page 1 of 12 <br />