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<br />~- j <br /> <br />AGENCY NAME: Water Conservation Boan:! <br /> <br />AGENCY NUMBER: POA <br />ROUTING NUMBER: <br /> <br />0/:)':) i <br /> <br />$300,000 <br /> <br />LOAN CONTRACT <br /> <br />THIS CONTRACT, made this :<)It! day oh 'y< VI ( i r~ rqq.A tWl, by <br />and between the State of Colorado for the use and benefit of t epartment of Natural <br />Resources, Colorado Water Conservation Board (CWCB), hereinafter referred to as the STATE, <br />and The Agricultural Ditch and Reservoir Company, a Colorado nonprofit corporation, 12860 <br />W. Cedar Drive, Suite 102, Lakewood, CO 80228, hereinafter referred to as the BORROWER <br />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 <br />Fund Number 424, Organization YYYY, Appropriation L97, GBL AGRI, Program WTRC, <br />Object Code 5120, Reporting Category: 3769, Contract Encumbrance Number C153769. <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 9937-60-119 and 37-60-120,15 C.R.S. (1997) the STATE is <br />authorized to loan money for the construction of water projects for the benefit of the people of <br />the STATE, provided that the borrower assures repayment of that money. <br /> <br />4. The BORROWER is a duly constituted Colorado nonprofit corporation formed under and <br />govemed by Articles 20 through 29 and Article 42 of Title 7, C.R.S. (1997), located in <br />Jefferson County, State of Colorado, <br /> <br />5, The BORROWER has applied to the STATE for a loan to be used for financing and/or <br />refinancing the rehabilitation of portions of the BORROWER'S Welch Ditch and Agricultural <br />Ditch Systems, including the construction of three pump stations, hereinafter referred to as <br />PROJECT, at an estimated total cost of $600,000. <br /> <br />6, The STATE has reviewed a feasibility report prepared by Bishop-Brogden Associates <br />Engineers, which is incorporated herein by reference, and, based upon this feasibility report, <br />the STATE determined the PROJECT to be technically and financially feasible. <br /> <br />7, At its November 25, 1996 meeting, the CWCB approved a loan to the BORROWER in an <br />amount not to exceed $300,000 (up to 75% of the cost of the PROJECT) at an interest rate of <br />5.25% per annum for a term ofthirty years. <br /> <br />8. Pursuant to 1997 Colo. Sess, Laws, Ch. 168, Section 1 (1)(f), the General Assembly <br />authorized the CWCB to loan to the BORROWER an amount not to exceed $300,000 to finance <br />and/or refinance the costs of the PROJECT. <br /> <br />The Agricultural Ditch and Reservoir Company <br /> <br />Page 1 of 14 <br /> <br />Loan Contract <br /> <br />;:..~ <br />