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BORROWER: SOUTHEASTERN COLORADO AGENCY NAME: COLORADO WATER <br /> WATER CONSERVANCY DISTRICT,ACTING BY CONSERVATION BOARD <br /> AND THROUGH ITS WATER ACTIVITY CONTRACT TYPE:LOAN/PUBLIC <br /> ENTERPRISE CWCB CMS:92402/CORE: CT-2o18-833 <br /> BASE LOAN AMOUNT:$17,220,000.00 <br /> LOAN ORIGINATION FEE:$172,200.00 <br /> TOTAL LOAN AMOUNT:$17,392,200.00 <br /> LOAN CONTRACT <br /> This contract ("CONTRACT" or"LOAN CONTRACT") is made between the State of Colorado for <br /> the use and benefit of The Department of Natural Resources, Colorado Water Conservation <br /> Board, 1313 Sherman Street, Denver, CO, 80203,("CWCB" or "State"), and Southeastern <br /> Colorado Water Conservancy District, acting by and through its Water Activity <br /> Enterprise, 31717 United Avenue, Pueblo, CO, 81oo1, a government-owned business within <br /> the meaning of Article X, section 20(2)(d) of the Colorado Constitution, organized pursuant <br /> to C.R.S. § 37-45.1-1o1 et seq., and owned by the Southeastern Colorado Water Conservancy <br /> District ("BORROWER"or"ENTERPRISE"). <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 July 20, 2o16, the CWCB approved a loan request from the BORROWER for the <br /> Arkansas Valley Conduit Phase One, Pueblo Dam Hydroelectric Project ("PROJECT") to <br /> help the Lower Arkansas River Basin communities provide a safe and reliable water <br /> supply to replace their dependence on contaminated groundwater. Phase One of the <br /> AVC project is the development of hydropower on Pueblo Dam. The total estimated <br /> Project Cost is $19,o6o,000.00 The total loan amount ("TOTAL LOAN AMOUNT") of <br /> $17,392,200.00 which includes a one percent (1%) loan origination fee of$172,200.00 is <br /> payable over thirty(30)years at an interest rate of 2.00%;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 or Legislative <br /> Authorization (Section 4), identifying the amount of the loan and the terms of <br /> repayment. The PROJECT SUMMARY also contains sections on the BORROWER'S existing <br /> debt, contract requirements, procedures, eligible expenses, disbursement schedule and <br /> time for performance. <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 /> Page 1 of 14 <br />