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<br />,"" ~._"" <br />, <br /> <br />.', <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: 0 1- PJ)A ~ ceo2/) <br /> <br />LOAN CONTRACT <br /> <br />THIS CONTRACT, made this 51JJ day of September 2000, by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board, hereinafter referred to as the CWCB and/or STATE, and Riverside Reservoir and <br />Land Company, a Colorado nonprofit corporation, 215 E. Kiowa, Fort Morgan, CO, 80701, hereinafter <br />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 YYYV, Appropriation SOO, GBL RRlC) Program WTRC, Object Code <br />5881, Reporting Category: 0044, Contract Encumbrance Number C150044. <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 ~~ 37-60-119 and 37-60-120, C.R.S. (1999) 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 company formed pursuant to and governed <br />by Articles 42 and 121 of Title 7, C.R.S., located in Morgan County, State of Colorado. <br /> <br />5. The BORROWER has applied to the STATE for a loan to be used for rehabilitation of the <br />BORROWER'S diversion structure on the South Platte River, hereinafter referred to as PROJECT, at <br />a cost of $450,000. <br /> <br />6. The STATE has reviewed a feasibility report compiled by Jack Odor, P.E., which is incorporated <br />herein by reference, and was financed in part by a $5,000 grant from CWCB, and, based upon <br />this feasibility report, the STATE determined the PROJECT to be technically and financially feasible. <br /> <br />7. At its March 2000 meeting, the CWCB approved a loan to the BORROWER in an amount up to <br />$405,000, not to exceed 90% of the cost of the PROJECT, at an interest rate of 4% per annum for <br />a duration of 30 years, from the Severance Tax Perpetual Base Account. <br /> <br />8. Pursuant to H.B. 00-1419, Section 1(1), the Colorado General Assembly authorized CWCB to <br />loan to the BORROWER an amount up to $405,000, hereinafter referred to as AUTHORIZED LOAN <br />AMOUNT, 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 />THEREFORE, in consideration of the mutual and dependent covenants contained herein, <br />the parties agree as follows: <br /> <br />Riverside Reservoir and Land Company <br /> <br />Page 1 of 12 <br /> <br />Loan Contract C150044 <br />