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<br />t7"""'"\ <br />, <br /> <br />and Hudson and the City of Fort Lupton have requested loans from <br />the Colorado Water Conservation Board, it has been determined that <br />a loan in the amount of $1,544,000 is available toward the total <br />cost of the Borrower's participation in the Project; and <br /> <br />WHEREAS, by letter dated November 2, 1993, the Colorado Water <br />and Power Development Authority determined that it is not available <br />as a source of funds to the Borrower for participation in the <br />Project. This letter is attached to this contract as Appendix D; <br />and <br /> <br />WHEREAS, pursuant to 9 31-15-302 and 9 37-45.1-101 et <br />C . R. S ., the Borrower has authority to contract to borrow <br />provided that a resolution has been duly adopted by its Town <br />of Trustees authorizing repayment of the loan to the <br />according to the terms of this Contract; and <br /> <br />sea. 1 <br />money <br />Board <br />State <br /> <br />WHEREAS, the State understands that the repayment of the funds <br />loaned, including interest thereon, will come from revenues pledged <br />for the repayment thereof from water user charges or fees and that <br />this obligation does not constitute a debt of the Borrower within <br />the meaning of any constitutional or statutory limitations; and <br /> <br />WHEREAS, it appears to the parties that with the creation of <br />a security interest in the revenues and the Borrower's interest in <br />the Allotment Contract pledged herein, and the additional terms and <br />conditions provided herein, the flow of revenue to repay the <br />obligation is reasonably secure, <br /> <br />NOW, <br />covenants <br />follows: <br /> <br />THEREFORE, in consideration of the mutual and dependant <br />herein contained, it is agreed by the parties hereto as <br /> <br />A. <br /> <br />The State agrees as follows: <br /> <br />1. The State shall loan a principal amount of One <br />Million Five Hundred Forty-Four Thousand Dollars ($1,544,000) to <br />the Borrower for the purpose of this Project Contract. Said amount <br />shall be disbursed to the Borrower by electronic transfer of funds <br />or state warrants within thirty (30) days of receipt of written <br />request from the Borrower as needed to pay for eligible project <br />costs. <br /> <br />2. <br /> <br />The terms of the <br /> <br />construction loan shall b~as <br /> <br />~en}V)h~ <br />accrue at a rate of TwoA(2I) per <br />to Borrower during proj ect <br /> <br />follows: <br /> <br />annum on all <br />construction. <br /> <br />a. Interest will <br />funds advanced <br /> <br />b. The term of the loan will be Forty (40) years <br />commencing as specified in paragraph B.G. <br /> <br />3. Project costs eligible for payment by the State <br />under this Contract shall include, but not be limited to, the cost <br /> <br />Page 4 of 13 pages <br />