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BORROWER: COLORADO RIVER WCD Agency Name: Water Conservation Board <br /> Contract No. C150164 Agency Number PDA <br /> Project Amount $11,000,000 Routing Number 05 PDA &U 0 Sit <br /> Loan Service Fee $110,000 <br /> Loan Amount $11,110,000 <br /> LOAN CONTRACT <br /> (STANDARD CONTRACT-WAIVER#160-APPROVED NOVEMBER 10, all <br /> THIS CONTRACT, made this January 31, 2005, by and be:; -en thee .l' .do <br /> for the use and benefit of the Department of Natural - , �, .-s, Ar olorado ater <br /> Conservation Board ( CWCB or "STATE"), and Colorado Rive i.t:`':' C. -- ',:ti , istrict <br /> acting through its Colorado River Water Projects Enterprise, P.O. B. °' 11 ,rye, nw' d <br /> Springs, Colorado 81602, ("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. C150164, Fund Number 424, Appropriation Code SO4, Organization YYYY, GBL <br /> C164, Program WTRC, Object Code 5560, Reporting Category 0164. <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 /> Page 1 of 10 <br />