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BORROWER:CITY OF LAMAR, A HOME RULE AGENCY NAME: COLORADO WATER <br /> MUNICIPALITY, ACTING BY AND THROUGH ITS CONSERVATION BOARD/PDAA <br /> WATER ACTIVITY ENTERPRISE CONTRACT TYPE: LOAN/PUBLIC <br /> REQUESTED LOAN AMOUNT$100,000 CWCB CMS: 83645/CORE: CT2017-917 <br /> LOAN SERVICE FEE $1,000 <br /> LOAN AMOUNT$101,000 <br /> LOAN CONTRACT <br /> (LOAN CONTRACT-OSC WAIVER#160) <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 the City of Lamar, 102 East Parmenter Street, Lamar, Colorado, 81052, a <br /> home rule municipality, acting by and through its Water Activity Enterprise ("BORROWER"). <br /> FACTUAL RECITALS <br /> 1. CWCB authority exists in the law, and funds have been budgeted, appropriated and <br /> otherwise made available and a sufficient unencumbered balance thereof remains <br /> available for encumbering and subsequent payment of this CONTRACT; and <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 3. On September 17, 2015 CWCB approved a loan request, from the BORROWER, for the <br /> Repurposing of Wells 12 and 13 (PROJECT) to convert two existing potable wells for non- <br /> potable municipal irrigation use and construct a pipeline connection. The total cost of the <br /> PROJECT is $400,000. The BORROWER was approved for a $161,625 grant (CTGG1 2017-211) <br /> by the Arkansas Basin Roundtable from the Water Supply Reserve Account (WSRA). The total <br /> loan amount of $101,000 which includes a one percent (1%) loan origination fee of $1,000 is <br /> payable over 10 years at an interest rate of 1.95%; 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; and <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 Origination Fee. The amount of the loan (LOAN AMOUNT) shall include (1) <br /> the amount of the funds loaned by the CWCB to the BORROWER for the PROJECT <br /> and (2) a loan origination fee of one percent (1%) of the PROJECT amount. In the <br /> event that the BORROWER does not use the full LOAN AMOUNT authorized, the <br /> parties shall amend this CONTRACT or exercise an OPTION LETTER (as outlined in <br /> Page 1 of 12 <br />