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<br />~ <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER PDA <br />ROlf[ING NUMBER: 17/l/)6 "7 <br /> <br />$734,000 <br /> <br />LOAN CONTRACT <br />'7 ~ ftf J Ll A.1f:- <br />THIS CONTRACT, made this t..:.J - day of ~ 1999 by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board (CWCB), hereinafter referred to as the STATE, and the DeWeese-Dye Ditch and <br />Reservoir Company, hereinafter referred to as the BORROWER and/or CONTRACTOR, <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment in Fund <br />Number 424, Organization YYYY, Appropriation L98, GBL DDYE, Program WTRC, Object Code <br />5120, Reporting Category: 3832, Contract Encumbrance Number C153832. <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />3. Pursuant to the provisions of 9937-60-119 and 37-60-120, C.R.S. (1997) the STATE is authorized <br />to loan money for the construction of water projects for the benefit of the people of the STATE, <br />provided that the borrower assures repayment of that money. <br /> <br />4, The BORROWER is a duly constituted Colorado ditch and reservoir company formed pursuant to <br />99742-101 et sea. and 740-101 et sea., C.R.S" located in Fremont County, State of Colorado. <br /> <br />5, The BORROWER has applied to the STATE for a loan to be used for rehabilitation of the dam of the <br />BORROWER'S DeWeese Reservoir, hereinafter referred to as PROJECT, at a cost of $839,000. <br /> <br />6, The STATE has reviewed a feasibility report compiled by GEl Consultants of Englewood, which is <br />incorporated herein by reference, and was financed in part by CWCB (Feasibility Report Contract <br />No. C153749 dated February 5, 1997), and, based upon this feasibility report, the STATE <br />determined the PROJECT to be technically and financially feasible. <br /> <br />7, At its November 24-25, 1997 meeting, the CWCB approved a loan to the BORROWER in an <br />amount up to $734,000, not to exceed 90% of the cost of the PROJECT, at an interest rate of <br />4.00% per annum for a term of 30 years. <br /> <br />8, Pursuant to House Bill 98-1189, Section 1, the Colorado General Assembly authorized CWCB to <br />loan to the BORROWER an amount of $734,000 for the PROJECT. <br /> <br />9. The STATE now desires, by this contract, to loan money to the BORROWER for this PROJECT upon <br />mutually agreeable terms and conditions, <br /> <br />DeWeese-Dye Ditch & Reservoir Company <br /> <br />Page 1 of 1 3 <br /> <br />Loan Contract <br />