C153719 Contract

• Contract/PO #: C153719
• Contractor Name: Johnstown, Town of
• Contract Type: Loan
• Water District: 13
• County: Larimer
• County: Weld
• Bill Number: SB 94-029
• Loan Projects - Doc Type: Contract Documents

AGENCY NAME: Water Conservation Board
AGENCY NUMBER: PDA
ROUTING NUMBER: 97 PDA ::' I Df L-

$ 2,542,500

LOAN CONTRACT & PROMISSORY NOTE

THIS CONTRACT, made this rf day of t-j1 n)Lmf3{J( 1996, by and
between the State of Colorado for the use and benefit of the Department of Natural Resources,
Colorado Water Conservation Board (CWCB). hereinafter referred to as the STATE, and the TOWN OF
JOHNSTOWN, ("TOWN") and the TOWN OF JOHNSTOWN WATER ACTIVITY ENTERPRISE, P.O. Box
609, Johnstown, Colorado 80534, hereinafter referred to as the BORROWER and/or CONTRACTOR.

FACTUAL RECITALS

1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund
Number 424, Organization YYYY, Appropriation 512, Program WTRC, Object Code 5120, Contract
Encumbrance Number C153719.

2. Required approval, clearance, and coordination have been accomplished from and with
appropriate agencies.

3. Pursuant to the provisions of S S 37-60-119 and 37-60-120, C.R.S. (1990), the STATE is
authorized to loan money for the construction of water projects for the benefit of the people of the
STATE provided that the BORROWER assures repayment of that money.

4. The Town of Johnstown is a statutory town pursuant to S 31-1-203, C.R.S. (1986),
located in Weld County in the State of Colorado.

5. The Town of Johnstown Water Activity Enterprise is an enterprise within the meaning of
s37-45.1-101 et~, C.R.S. (1995 Supp.) and Article X, Section 20 of the Colorado Constitution,
and was established by Ordinance No. 521 of the Board of Trustees of the TOWN dated February 5,
1996, attached hereto as Appendix 1 and incorporated herein.

6. Pursuant to ss 37-45.1-101 et ~ and 31-15-302 et~, C.R.S., the BORROWER is
authorized to contract to borrow money provided that ordinances have been duly adopted by the
Board of Trustees of the TOWN and by the governing body of the BORROWER authorizing repayment
of the loan to the STATE according to the terms of the contract.

7. The TOWN applied to the STATE for a loan to be used for the construction of a raw water
pipeline, hereinafter referred to as the PROJECT.

8. The STATE has reviewed a feasibility report compiled by PRC Environmental Management,
which is incorporated herein by this reference, and, based upon the feasibility report, the STATE
determined the PROJECT to be technically and financially feasible.

Town of Johnstown Water Activity Enterprise
& Town of Johnstown Page 1 of 14

Loan Contract