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PROJC02502
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PROJC02502
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Last modified
9/27/2011 11:00:24 AM
Creation date
7/15/2009 4:00:34 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150030
Contractor Name
Silt Water Conservancy District
Contract Type
Loan
Water District
39
County
Garfield
Bill Number
SPL
Loan Projects - Doc Type
Contract Documents
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~ ~ <br />5. <br />6. <br />certificates are current. The BoRROwER shall file notices of renewals of said policies with the <br />STATE as renewals occur. <br />During the time of construction, the STa,TE reserves the right to increase the above amount of <br />insurance so that said amounts at a minimum correspond to the amount established by the <br />Colorado Governmental Immunity Act, now and as hereafter amended. <br />BORROWER's Indemnification Of The STATE. The BORROWER shall, without expense or legal <br />liability to the STATE, manage, operate, and maintain the PRO~ECT continuously in an efficient and <br />economical manner. The BoRROwER agrees to indemnify and hold the STA7E harmless from any <br />liability incurred by the STATE as a result of the STaTE's interest in the PRO~ECT facilities. <br />BORROWER's Liability Insurance. Upon execution of this contract and continuing until complete <br />repayment of the loan is made to the ST,aTE, the BORROwER shall maintain commercial general <br />liability insurance with a company that is satisfactory to the STATE covering the management, <br />operation, and maintenance of the PRO~ECT with minimum limits of $1,000,000 combined single <br />limit for each occurrence and $2,000,000 general aggregate, including products/completed <br />operations and personal injury. <br />Said generai liability insurance shall name the STaTE as additional insured. The BoRROwER shall <br />provide the STArE with an Acord Form 27 evidencing said insurance and an additional insured <br />endorsement, and shall provide the STATE wit cumentation of renewals of said insurance. <br />The STATE WIII not disburse any lo n 't ut evidence of said insurance coverage. <br />Throughout the life of this contract, es t right to increase the above amount of <br />insurance so that said amounts at imu s n to the amount established by the <br />Colorado Governmental Immunity Act, s amended. <br />Because the BORROwER is a"p i ity ithin the meaning of the Colorado Governmental <br />Immunity Act, CRS 24-10-101, e ., as amended ("Act"), the BoRROwER shall at all times <br />maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet <br />its liabilities under the Act. Upon request by the STaTE, the BoRROwER shall provide proof of <br />such insurance. <br />7. DISTRICT'S and BORROWER'S Authority To Contract. The DISTRICT and the BORROWER <br />warrant that their respective boards of directors have complied with all applicable law and duly <br />adopted resolutions that constitute legislative measures of the DisrRicT and the BORROWER <br />and are irrepealable for the term of this loan contract, authorizing: <br />a. The D~STRicT and the BoRROwER to enter into and comply with the applicable terms of this <br />contract and the BORROWER to enter into and comply with the terms of the Promissory <br />Note; and <br />b. The BoRROwER to establish and collect water user charges, rates and fees in amounts <br />sufficient to repay the loan; and <br />c. The BoRROwER to make annual loan payments in accordance with the promissory note; <br />and <br />d. The BORROWER t0 pledge revenues from water user charges, rates and fees ("water <br />system revenues") to repay this loan and to execute a Security Agreement to convey a <br />security interest to the STATE in the pledged water system revenues; and <br />e. The BoRROwER to set aside su~cient water system revenues each year to pay the annual <br />installment in a special account, separate and apart from other revenues of the BoRROwER, <br />in accordance with the Pledge of Revenues provisions of this contract; and <br />Silt Water Conservancy District Water Activity Enterprise and <br />Silt Water Conservancy District Page 4 of 13 <br />
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