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BORROWER: CENTRAL COLORADO WCD Agency Name: Water Conservation Board <br /> . Contract No. C150160 Agency Number PDA <br /> Project Amount $4,468,515 Routing Number 05 PDA QO <br /> Loan Service Fee $44,685 <br /> Loan Amount $4,513,200 <br /> LOAN CONTRACT <br /> (STANDARD CONTRACT-WAIVER#160-APPROVED NOVEMBER 10, 2003) <br /> THIS CONTRACT, made this July 10, 2004, by and between the State of Colorado for <br /> the use and benefit of the Department of Natural Resources, Colorado Water Conservation <br /> Board ("CWCB" or "STATE"), and the Ground Water Management Subdistrict of the Central <br /> Colorado Water Conservancy District, 3209 West 28th Street, Greeley, Colorado 80634, <br /> ("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. C150160, Fund Number 424, Appropriation Code MC4, Organization YYYY, GBL <br /> C160, Program WTRC, Object Code 5560, Reporting Category 0160. <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. `rig} <br /> 2. Contract Amendment Service Fees. Under certain circumstances, the BQRROIER <br /> shall be assessed a fee for amending the contract. <br /> a. A service fee shall be imposed on the BORROWER for amendments processed for <br /> Page 1 of 10 <br />