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C150023 DeAuth Contract
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C150023 DeAuth Contract
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Last modified
3/7/2013 2:03:21 PM
Creation date
3/7/2013 1:57:55 PM
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Loan Projects
Contract/PO #
C150023
Contractor Name
Ryan Gulch Reservoir Company
Contract Type
Loan
Water District
4
County
Larimer
Bill Number
SB 99-173
Loan Projects - Doc Type
Contract Documents
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liability nsurance must be provided to the STATE prior to commencement of construction and <br />maintai ed until construction is complete. No payments shall be made to the BORROWER <br />unless II insurance certificates are current. The BORROWER shall file notices of renewals of <br />said p icies with the STATE as renewals occur. <br />During the time of construction, the STATE reserves the right to increase the above amount <br />of insu ance so that said amounts at a minimum correspond to the amount established by <br />the Co orado Governmental Immunity Act, now and as hereafter amended. <br />5. BORR wER's Indemnification Of The STATE. The BORROWER shall, without expense or <br />legal I bility to the STATE, manage, operate, and maintain the PROJECT continuously in an <br />efficie t and economical manner. The BORROWER agrees to indemnify and hold the STATE <br />harml ss from any liability incurred by the STATE as a result of the STATE'S interest in the <br />PROD T facilities and any other property identified in the Collateral Provisions of this <br />6. BORJR <br />LL. <br />wER's Liability Insurance. Upon execution of this contract and continuing ntil <br />g <br />comp, repayment of the 41oan i made to the STATE, the BORROWER shall maintain <br />com rcial general liability insurance with a company that is satisfactory to the STATE <br />cove g the manage ment, operation, and maintenance of the PROJECT with minimum limits <br />of $1 00,000 combined sing! limit f each occurrence and $2,000,000 general aggregate, <br />inclu g products /completed 0s and personal injury. <br />Said eneral liability insurance shall name the STATE as additional insured. The BORROWER <br />shall provide the STATE with a certificate of said insurance and an additional insured <br />end sement, and shall provE)ontract, STATE with documentation of renewals of said <br />insu nce. The STATE will not any loan funds without evidence of said insurance <br />cov age. Throughout the life the STATE reserves the right to increase the <br />abo a amount of insurance so that said amounts at a minimum correspond to the amount <br />esta lished by the Colorado Governmental Immunity Act, now and as hereafter amended. <br />7. Bo OWER's Authority To C act. The BORROWER shall, pursuant to its statutory <br />aut rity, articles of incorporation an -laws, have its stockholders and board of directors <br />ado t resolutions, irrepealable t he life of this loan, authorizing the President and <br />Se :f) <br />on behalf of the BORROWER, to do the following: <br />a. To enter into and comply with the terms of this contract and the promissory note, and <br />b. o levy assessments in an amount sufficient to pay the annual amounts due under this <br />ontract, and to pledge assessment revenues and the BORROWER's right to receive said <br />evenues for repayment of the loan, and <br />C. <br />d. <br />e. <br />Ryan <br />o place the assessment revenues pledged to make annual loan payments in a special <br />ccount separate and apart from other BORROWER revenues in accordance with the <br />'ledge of Property Provisions of this contract and <br />To make annual payments in accordance with the promissory note, and <br />To make annual deposits to a debt service reserve fund in accordance with the Pledge <br />Reservoir Company <br />Page 4 of 13 <br />Loan Contract <br />v <br />
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