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<br />, -, <br /> <br />1 <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: CO - ~ - tJ:::D 19 <br /> <br />$ 318,583 <br /> <br />LOAN CONTRACT <br /> <br />THIS CONTRACT, made this f5JJ!'. day of NoVEl'-{ Bee 1999, <br />by and between the State of Colorado for the use and benefit of the Department of Natural <br />Resources, Colorado Water Conservation Board, hereinafter referred to as the CWCB and/or <br />STATE, and the Sterling Irrigation Company, P.O. Drawer 1825, Sterling, Colorado 80751, a <br />Colorado nonprofit 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 <br />made available and a sufficient unencumbered balance thereof remains available for <br />payment in Fund Number 424, Organization YYYY, Appropriation L99, GBL STER, <br />Program WTRC, Object Code 5110, Reporting Category: 0024, Contract Encumbrance <br />Number C150024. <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 sections 37-60-119 and 37-60-120, C.R.S. (1999), the STATE <br />is authorized to loan money for the construction of water projects for the benefit of the <br />people of the STATE, provided that the borrower assures repayment of that money, <br /> <br />A. The BORROWER is a duly constituted non-profit Colorado mutual ditch company formed <br />pursuant to sections 7-42-101 et seq. and 7-121-101 et seq., C.R.S, (1999), located in <br />Logan County, State of Colorado. <br /> <br />4. The BORROWER has applied to the STATE for a loan to be used to rehabilitate its Sterling <br />No. 1 diversion and headgate structure, hereinafter referred to as PROJECT, at a cost of <br />$318,583. <br /> <br />5. The STATE has reviewed a feasibility report compiled by Jack Odor, P.E. of Groundwater <br />Appropriators of the South Platte, which is incorporated herein by reference and, based <br />upon this feasibility report, the STATE determined the PROJECT to be technically and <br />financially feasible. <br /> <br />6. At its November 23-24, 1998, meeting, the CWCB approved a loan to the BORROWER in an <br />amount up to $318,583 not to exceed 90% of the cost of the PROJECT, at an interest rate of <br />3.75% per annum for a duration of 30 years. <br /> <br />B. Pursuant to Senate Bill 99-173, Section 1(1)(a), the Colorado General Assembly <br />authorized the CWCB to loan to the BORROWER an amount not to exceed Three Hundred <br />Eighteen Thousand Five Hundred Eighty Three Dollars ($318,583), hereinafter referred to <br /> <br />Sterling. Irrigation Company <br /> <br />Page 1 of 1 3 <br /> <br />Loan Contract <br />