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AGENCY NAME: Water Conservation Board <br />AGENCY NUMBER: PDq � I <br />ROUTING NUMBER: 9�PDA U � O 1 C <br />� 20����� <br />LOAN CONTRACT <br />THIS CONTRACT, made this i�-� �� day of ��� �� t" �997, <br />by and between the State of Colorado for the use and benefit of the Department of Natural Resources, <br />Colorado Water Conservation Board (CWCB), hereinafter referced to as the STATE and the Summit <br />Reservoir 8� Irrigation Company, P:O. Box 127, Dolores, CO 81323, hereinafter referred to as the <br />BORROWER 8�d/Of CONTRACTOR. <br />FACTUAL RECITALS <br />1. Authority exists in the law, and funds have been budgeted, appropriated and othervvise made <br />availabie and a sufficient unencumbered balartce thereof remains available for payment in Fund <br />Number 424, Organization YWY, Appropriatian L97, GBL SUMM, Program WTRC, Object Code <br />5110, Repofting Category: 3770, Contract Encumbrance Number C153770 <br />2. Required approval, clearance, and coordination have been accompiished from and with appropriate <br />agencies. <br />3. Pursuant to the provisions of §§ 37-60-119 and 37-60-120, 15 C.R.S. (1990 and Supp. 1996) the <br />STO.TE is authorized to loan money for the construction of water projects for the benefit of the people <br />Of th2 STATE provided that the borrower assures repayment of that money. <br />4. The BoRROwER is a duly constituted Colorado ditch and reservoir corporation formed pursuant to §§ <br />7-42-101 et sea. and 7-40-101 et seo., C.R.S. {1986) located in Montezuma County, State of <br />Colorado. <br />5. The BORROWER h25 8ppll2d t0 th2 STATE fOf e loan in the amount of $600,000 to be used to <br />rehabilitate its system, including the Dam on the Summit Reservoir and the Various collection and <br />distribution canals, hereinafter referred to as PRO�ECT, at a total cost of $800,000. <br />6. Based upon a feasibility report conducted by NRCS and Steve Harris, P.E., and incorporated herein <br />by reference, the STaTE determined the PRO�ECT to be technically and financially feasible. <br />7. At its November 25-26, 1996 meeting, the CWCB approved a loan to the BORROwER in an amount <br />not to exceed $600,000 (75% of the cost of the PRO�ECT) at an interest rate of 3'/.% per annum, and <br />for a duration of 30 years. <br />8. Pursuant to Senate Bill 97-008, Section 1(b), the Colorado General Assembly authorized CWCB to <br />loan to the BoRROweR an amount not to exceed $600 fOf th0 PROJECT. <br />9. The STATE now desires by this contract, to loan to the BoRROwER a portion of the money in the <br />amount of $200,000 for this PROJECT upon mutuaily agreeable terms and conditions. <br />NOW THEREFORE, in consideration of the mutuai and dependent covenants contained, the <br />parfies z;ree as follows: <br />A. The BoRROweR agrees as follows: <br />Summit Reservoir & Irrigation Company Page 1 of 11 Loan Contract <br />