Laserfiche WebLink
• • <br /> Said general liability insurance shall name the STATE as additional insured. The BORROWER shall <br /> provide the STATE with a certificate of said insurance and an additional insured endorsement, and <br /> shall provide the STATE with documentation of renewals of said insurance. The STATE will not <br /> disburse any loan funds without evidence of said insurance coverage. Throughout the life of this <br /> contract, the STATE reserves the right to increase the abo of insurance so that said <br /> amounts at a minimum correspond to the amount establi t ado Governmental <br /> Immunity Act, now and as hereafter amended. <br /> 7. BORROWER'S Authority To Contract. The BORRO ,; ;II, • _ to its statutory authority, <br /> articles of incorporation and by-laws, have its s • hp. de =' >• • - directors adopt <br /> resolutions, irrepealable during the life of this loan, authorizin' th •_i .nd Secretary, on <br /> 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. To levy assessments in an amount sufficient to pay the annual amounts due under this <br /> contract, and to pledge assessment revenues and the BORROWER'S right to receive said <br /> revenues for repayment of the loan, and <br /> c. To place the assessment revenues pledged to make annual loan payments in a special <br /> account separate and apart from other BORROWER revenues in accordance with the Pledge of <br /> Property Provisions of this contract and <br /> d. To make annual payments in accordance with the promissory note, and <br /> e. To make annual deposits to a debt service reserve fund in accordance with the Pledge of <br /> Property Provisions of this contract, and <br /> f. To pledge certain property of the Company as collateral for the loan and execute <br /> documents necessary to convey a security interest in said property to the CWCB, and <br /> g. To obtain a certificate of deposit to serve as collateral in the amount of one annual loan <br /> payment as security for the loan, and execute an assignment of certificate of deposit as <br /> described in the Collateral Provisions of this contract, and <br /> h. To execute a Security Agreement and an Assignment of Deposit Account as Security to <br /> secure the revenues pledged herein in accordance with the Pledge of Property Provisions of <br /> this contract. <br /> Said resolutions are attached hereto as Appendix 1 and incorporated herein. <br /> 8. Attorney's Opinion Letter. Prior to the execution of this contract by the STATE, the BORROWER <br /> shall submit to the STATE a letter from its attorney stating that it is the attorney's opinion that the <br /> person signing for the BORROWER was duly elected or appointed and has authority to sign such <br /> documents on behalf of the BORROWER and to bind the BORROWER; that the BORROWER'S <br /> shareholders and board of directors have validly adopted resolutions approving this contract; that <br /> there are no provisions in the BORROWER'S articles of incorporation or by-laws or any state or local <br /> law that prevent this contract from binding the BORROWER; and that the contract will be valid and <br /> binding against the BORROWER if entered into by the STATE. <br /> 9. Promissory Note Provisions. The Promissory Note setting forth the terms of repayment and <br /> evidencing this loan in an amount up to $405,000 at an interest rate of 4% per annum for a term <br /> of 30 years is attached as Appendix 2 and incorporated herein. <br /> Riverside Reservoir and Land Company Page 4 of 12 Loan Contract C150044 <br />