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; <br />BORROWER: CEDAR MESA DITCH & RES. CO. <br />Contract No. C150087 <br />Loan Amount $ 100,000 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 02 PDA n�o Zo <br />LOAN CONTRACT <br />THis CoNTRACT, made this May 1, 2002, is by and between the State of Colorado for the use and <br />benefit of The Department of Natural Resources, Colorado Water Conservation Board ("CWCB" <br />and/or " STATE "), and Cedar Mesa Ditch and Reservoir Company, 1381 Drive 2420, Eckert, CO <br />81413, a Colorado nonprofit corporation, ("BORROwER" andJor "CoNTRAC1oR"). <br />FACTUAL RECITALS <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 as <br />follows: Fund Number 486, Organization WYY, Appropriation Code 010, GBL C087, Program <br />WTRC, Object Code 5881, Reporting Category 0087, Contract Encumbrance No. C150087 <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. CWCB's authority for making this loan: Pursuant to the provisions of §§ 37-60-119 and <br />37-60-120, C.R.S., the CWCB is authorized to loan money from the CWCB's Construction Fund <br />Small Project Loan Account for water projects for the benefit of the people of the STaTE, provided <br />that the borrower assures repayment of that money. Section 37-60-122.7, C.R.S., authorizes the <br />CWCB to make loans of up to $100,000 from the Small Project Loan Account of the <br />Construction Fund without prior approval from the General Assembly if the CWCB determines <br />that delay woufd result in undue hardship on the borrower. <br />4. The Project Summary, attached as Appendix 1 and incorporated herein, contains BoRROwER <br />Information (Section 1) and the PRO�ECT Description (Section 2). <br />5. Board approval and legislative authorization, if required, is included in Board Approval and <br />Legislative Authorization (Section 3) of the Project Summary. <br />6. The CWCB now desires, by this contract, to loan money to the BoRROwER for this PRO�ECr upon <br />mutually agreeable terms and conditions. <br />THEREFORE, in consideration of the mutual and dependent covenants contained herein, the <br />parties agree as follows: <br />A. LOAN PROVISIONS <br />1. Promissory Note Provisions. The CWCB agrees to loan ta the BoRROwER an amount not to <br />exceed the LOaN AMOUrvr and the BoRROwER agrees to repay the loan in accordance with the <br />terms as set forth in the Promissory Note, attached hereto as Appendix 2 and incorporated <br />herein. <br />2. Interest Prior to Project Completion. As the loan funds are disbursed by the CWCB to the <br />BORROWER interest shall accrue at the rate set by the CWCB for this loan. The CWCB shall <br />Page t of 9 Cedar Mesa Ditch and Reservoir Loan Contract <br />