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BORROWER: SAN LUIS VALLEY WATER <br />CONSERVANCY DISTRICT, ACTING BY AND <br />THROUGH ITS WATER ACTIVITY ENTERPRISE <br />Contract No. C150269 <br />Project Amount $720,000 <br />Loan Service Fee $7,200 <br />Loan Amount $727,200 <br />Agency Name: Water Conservation Board <br />Agency Number PDA <br />Routing Number 09 PDA <br />LOAN CONTRACT <br />(STANDARD CONTRACT - WAIVER #160 - APPROVED NOVEMBER 1 O, 2003~ <br />THIS CONTRACT, made this October 10, 2008, by and befinreen the State of Colorado <br />for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB" or "STATE"), and the San Luis Valley Water Conservancy <br />District, acting by and through its Water Activity Enterprise, 415 San Juan Avenue, <br />Alamosa, CO 81101 ("BORROWER"). <br />FACTUAL RECITALS <br />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 <br />encumbering and subsequent payment of this contract under: Contract Encumbrance <br />No. C150269, Fund Number 424, Appropriation Code MS9, Organization YYYY, GBL <br />S269, Program WTRC, Object Code 5560, Reporting Category 0269. <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br />3. The PRO~ecT Summary, attached as Appendix 1 and incorporated herein, contains <br />BORROWER Information (Section 1), the PROJECT Description (Section 2), CWCB's <br />authority for making this loan (Section 3), and CWCB Approval and Legislative <br />Authorization which identifies the amount of the loan and the terms of repayment <br />(Section 4). <br />4. The CWCB now desires, by this contract, to loan money to the BORROWER fOC' thlS <br />PRO~ECT upon mutually agreeable terms and conditions. <br />THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br />A. LOAN PROVISIONS <br />Loan Service Fee. The amount of the loan (LOAN AMOUNT~ shall include (1) the <br />amount of the funds loaned by the CWCB to the BoRROwER for the PRO~ECr and (2) <br />a service fee of one percent (1 %) of the PRO~ECT amount. In the event that the <br />BoRROwER does not use the LoaN AnnouNT authorized, the parties shall amend this <br />contract to revise the LoAN AMOUtvT including adjustment of the service fee to reflect <br />Loan Contract C150269 <br />Page 1 of 11 <br />