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PROJ00246
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Last modified
11/19/2009 11:25:15 AM
Creation date
10/5/2006 11:45:33 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C153829
Contractor Name
Eagle Park Reservoir Company
Contract Type
Loan
Water District
37
County
Eagle
Bill Number
SB 96-153
Loan Projects - Doc Type
Feasibility Study
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<br />. <br /> <br />. <br /> <br />ARTICLE IX - BYLAWS <br /> <br />The initial By-Laws of the Corporation shaH be adopted by the Board of Directors. The <br />Board of Directors shall have power to alter, amend or repeal the By-Laws from time to time and <br />to adopt new By-Laws. The By-Laws of the Corporation may contain any provisions of the <br />regulation or management of the affairs of the Corporation that are not inconsistent with these <br />Articles of Incorporation, as these articles may from time to time be amended. <br /> <br />ARTICLE X - INSURANCE <br /> <br />The Corporation shall at all times maintain comprehensive general liability insurance, in <br />such amounts deemed sufficient in the judgment of the Board of Directors of the Corporation to <br />protect the Corporation and its officers, directors, employees, agents and shareholders from <br />liability relating to the ownership and operation of Eagle Park Reservoir and associated real <br />property, water rights, appurtenances and easements, and the diversion and storage of water in <br />connection therewith. The Corporation shaH make every effort to obtain said insurance from a <br />company rated at least A+XII in Best's Insurance Guide. To the extent insurance is available, it <br />shaH cover the Corporation and its officers, directors, employees, agents and shareholders all as <br />additional named insureds. A certificate (and a copy of the policy) evidencing such insurance <br />shall be provided to each shareholder. <br /> <br />ARTICLE XI - ASSETS <br /> <br />11.1 Ownership of Assets. Eagle Park Reservoir and all real property, water rights and <br />appurtenances thereto, and all other property and assets of the Corporation, including without <br />limitation the dams, spillways and outlet works, shall constitute assets of the Corporation and not <br />of the shareholders, and the shareholders shall have no right to partition such assets. <br /> <br />11.2 Obiections to Use. No shareholder shall object to another shareholder's use of <br />water from Eagle Park Reservoir or other water to which such other shareholder is entitled by <br />virtue of its ownership of common stock in the Corporation by direct use, augmentation, <br />exchange, replacement or substitution, and each share of common stock issued hereunder shaH <br />contain a legend to that effect; provided, however, that this provision shaH not preempt a <br />shareholder from filing a statement of opposition in Water Court to any other aspect of a Water <br />Court application, and shaH not limit any shareholder in the exercise of its goverrunental <br />functions. <br /> <br />ARTICLE XII - REGISTERED AGENT <br /> <br />The address of the initial registered office of the Corporation will be P.O. Box 7, Vail, <br />Colorado 81658, and the name of its initial registered agent at such address is Tamara <br />Underwood. The physical address ofthe registered office wiH be 137 Benchmark Road, Avon, <br />Colorado 81620. <br /> <br />fd0984 <br /> <br />-8- <br />
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