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<br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br />ROUTING NUMBER: 3t: <br /> <br />$ 500,000 <br /> <br />LOAN CONTRACT <br /> <br />THIS CONTRACT, made this .ALjtit day of '7' (Tat (7/, ) 1999, by and <br />between the State of Colorado for the use and benefit of the Department of Natural Resources, <br />Colorado Water Conservation Board (CWCB), hereinafter referred to as the STATE, and the North <br />Poudre Irrigation 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 NPIC, Program WTRC, Object Code <br />5120, Reporting Category: 3833, Contract Encumbrance Number C153833. <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 99 37-60-119 and 37-60-120, C.R.S. (1998) the STATE is <br />authorized to loan money for the construction of water projects for the benefit of the people of the <br />STATE, 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 />99 7-42-101 et seo. and 7-40-101 et seo., C.R.S. (1998), located in Larimer County, State of <br />Colorado. <br /> <br />5. The BORROWER has applied to the STATE for a loan to be used for the construction of the North <br />Poudre Reservoir NO.5 spillway, to pipe the ditch below North Poudre No.6 dam, and to pipe a <br />portion of the North Poudre's Buckeye Lateral, hereinafter referred to as PROJECT, at an <br />estimated cost of $713,000. <br /> <br />6. At its November 24-25, 1997 meeting, the CWCB approved a loan to the BORROWER in an <br />amount up to $500,000, not to exceed 75% of the cost of the PROJECT, at an interest rate of <br />4.03% per annum for a duration of 20 years. <br /> <br />7. Pursuant to House Bill 98-1189, Section 1, the Colorado General Assembly authorized CWCB to <br />loan to the BORROWER an amount of $500,000 for the PROJECT. <br /> <br />8, The STATE has reviewed a Feasibility Study compiled by Smith Geotechnical Engineering, which <br />is incorporated herein by reference, and, based upon this Feasibility Study, the STATE <br />determined the PROJECT to be technically and financially feasible. <br /> <br />9. The Borrower applied to the Board for an additional loan at the January 27-28. 1999 meeting, <br />which the Board approved in the amount of $1,107,000 to be used for the rehabilitation of the <br />Borrower's Reservoir Nos. 4 and 5 and Indian Creek Reservoir and rehabilitation of Reservoir <br />NO.6 outlet ditch. The cost of rehabilitation of Reservoir NO.5 and Reservoir No.6 outlet ditch <br /> <br />North Poudre Irrigation Company <br /> <br />Page 1 of 13 <br /> <br />Loan Contract <br />