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BORROWER: TOWN OF WINDSOR ACTING BY AGENCY NAME: COLORADO WATER <br /> AND THROUGH ITS WATER UTILITY ENTERPRISE CONSERVATION BOARD <br /> CONTRACT No. C150366 AGENCY NUMBER: PDA <br /> PROJECT COST $4,500,000 CONTRACT TYPE: LOAN/PUBLIC <br /> LOAN SERVICE FEE $45,000 CWCB CMS #62268 <br /> LOAN AMOUNT $4,545,000 <br /> LOAN CONTRACT <br /> (STANDARD CONTRACT—WAIVER#160—APPROVED NOVEMBER 10,2003) <br /> THIS CONTRACT, made between the State of Colorado for the use and benefit of the <br /> Department of Natural Resources, Colorado Water Conservation Board ("CWCB" or <br /> "STATE"), and Town of Windsor, a Colorado home rule municipality, acting by and through <br /> its Water Utility Enterprise, 301 Walnut Street, Windsor, CO 80550, ("BORROWER"). <br /> FACTUAL RECITALS <br /> 1. 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 <br /> Encumbrance No. C150366, Fund Number 424, Appropriation Code M14, Organization <br /> YYYY, GBL W366, Program WTRC, Object Code 5510, Reporting Category 0366; <br /> Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 2. Required approval, clearance, and coordination have been accomplished from and with <br /> appropriate agencies; and <br /> 3. On September 25, 2013, the CWCB approved a loan request from the BORROWER for <br /> the Kyger Reservoir Project to purchase and develop the Kyger Reservoir to provide <br /> water storage to meet the Town's current and future water supply needs ("PROJECT"). <br /> This loan was approved as a twenty year loan with an interest rate of 2.75%; and <br /> 4. ThE PROJECT 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); and <br /> 5. The CWCB now desires, by this CONTRACT, to loan money to the BORROWER for this <br /> PROJECT 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 /> Loan Contract C150366 <br /> Page 1 of 12 <br />