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<br />,',"" <br />: I <br /> <br />BORROWER: JULESBURG IRRIGATION DISTRICT <br />Contract No, C150060 <br />Loan Amount $100,000 <br /> <br />Agency Name: Water Conservation Board <br />Agency Number PDA ' <br />Routing Number C"CJ6 5~ <br /> <br />LOAN CONTRACT <br /> <br />THIS CONTRACT, made this 1st day of March 2001 by and between the State of <br />Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board ("CWCB" and/or the "STATE"), and Julesburg Irrigation District, 315 <br />Cedar Street, Julesburg, CO 80737 ("BORROWER" and/or "CONTRACTOR"). <br /> <br />FACTUAL RECITALS <br /> <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 />payment as follows: Fund Number 424, Organization YYYY, Appropriation Code SPL, <br />GBL J060, Program WTRC, Object Code 5560, Reporting Category 0060, Contract <br />Encumbrance No. C150060A <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and with <br />appropriate agencies. <br /> <br />3. CWCB's authority for making this loan: Pursuant to the provisions of SS 37-60-119 and <br />37-60-120, C,R.S" the CWCB is authorized to loan money for the construction of water <br />projects for the benefit of the people of the STATE, provided that the borrower assures <br />repayment of that money, <br /> <br />4. The Project Summary, attached as Appendix 1 and incorporated herein, contains <br />BORROWER Information (Section 1) and the PROJECT Description (Section 2), <br /> <br />5. Board approval and legislative authorization, if required <br /> <br />a, At its November 2000, meeting, the CWCB approved a loan to the BORROWER in an <br />amount up to $100,000, ("LOAN AMOUNT") at an interest rate of 3.5% per annum for a <br />repayment term of 30 years, <br /> <br />b. Section 37-60-122,7, C,R.S., authorizes the CWCB to make loans of up to $100,000 <br />from the Small Project Loan Account of the Construction Fund without prior approval <br />from the General Assembly if the CWCB determines that delay would result in <br />undue hardship on the borrower, The CWeB determined that the BORROWER will <br />suffer undue hardship if the PROJECT is not completed as soon as possible because <br />the Peterson Ditch drop structure could fail during a flood, making it dangerous to <br />operate. <br /> <br />6, The Borrower held an election on December 5, 2000, whereby its electors approved <br />increasing the Borrower's debt by up to $100,000 for the purpose of reconstructing the <br />Peterson Ditch drop structure, as shown on the Borrower's special Election Official <br />Return, which is incorporated herein by reference. <br /> <br />THEREFORE, in consideration of the mutual and dependent covenants contained herein, <br /> <br />Julesburg Irrigation District <br /> <br />Page 1 of 12 <br /> <br />Loan Contract <br /> <br />. <br />. <br />