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<br />, . <br /> <br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br /> <br />ROUTING NUMBER, 97 PDA <br /> <br />$632,000 <br /> <br />LOAN CONTRACT & PROMISSORY NOTE <br /> <br />THIS CONTRACT. made this I day of OrtoN t. ./ 1996. by and between the <br />State of Colorado for the use and benefit of the Department of Natural Resources. Colorado Water <br />Conservation Board (CWCB). hereinafter referred to as the STATE, and VOUGA RESERVOIR ASSOCIATION, <br />hereinafter referred to as the BORROWER andlor CONTRACTOR. <br /> <br />FACTUAL RECITALS <br /> <br />A, 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 payment in Fund <br />Number 424, Organization YYYY, Appropriation Code 514, Program WTRC. Object Code 5120, <br />Contract Encumbrance Number C153741, <br /> <br />B. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />C, Pursuant to the provisions of ~ ~ 37-60-119 and 37-60-120, 15 C,R,S, (1990) the STATE <br />is 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 />D, The BORROWER is a duly constituted not-for-profit corporation formed under ~ 7-42-101 <br />et sea" C.R.S., located in Saguache County, State of Colorado. <br /> <br />E. The BORROWER has applied to the STATE for a loan to be used for rehabilitation of the Vouga <br />Reservoir including replacing the outlet pipe and adding a drop inlet spillway capable of passing the <br />1 OO-year flood, hereinafter referred to as PROJECT, at a cost of approximately $834,400. <br /> <br />F, A feasibility report conducted by Woodward Clyde Consultants, and incorporated herein <br />by reference, was reviewed by the STATE and, based upon this feasibility report, the STATE <br />determined the PROJECT to be technically and financially feasible, <br /> <br />G, At its November 9-10, 1993, meeting, the CWCB approved a loan to the BORROWER in the <br />amount of $300,000, not to exceed 75% of the cost of the PROJECT, at an interest rate of 4% per <br />annum, and for a duration of 30 years, At its November 3-4, 1994, meeting, the CWCB approved <br />an increase of $400.000 for a total loan amount of $700,000 at the same terms, At its September <br />9-10, 1996, meeting, the CWCB approved revising the terms to an interest rate of 3 % % for a term <br />of 20 years, and increasing the loan amount by $32,000 to refinance the BORROWER'S loan from the <br />National Bank for Cooperatives ("CoBank") for purposes of extinguishing CoBank's lien on certain <br />property owned by the BORROWER that will serve as part of the collateral for this loan, <br /> <br />Vouga Reservoir Association <br /> <br />Page 1 of 1 2 <br /> <br />Loan Contract <br />