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<br />BORROWER'S members duly approving the pledging of the water rights as collateral for the <br />loan. The CWCB also approved the use of loan funds to refinance a purchase of raw water <br />rights already completed, if approved by the CWCB Executive Director. <br /> <br />H. Pursuant to Senate Bill 99-173, Section 1(1)(b), the Colorado General Assembly authorized <br />the CWCB to loan to the BORROWER an amount up to Three Hundred and Five Thousand <br />Two Hundred and Fifty Dollars ($305,250), hereinafter referred to as AUTHORIZED LOAN <br />AMOUNT for financing PROJECT costs, and authorized use of the loan funds to refinance <br />PROJECT costs. <br /> <br />I. The STATE now desires, by this contract, to loan money to the BORROW~R for this PROJ~CT <br />upon mutually agreeable terms and conditions, subject to the availability of funding for that <br />purpose. <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br /> <br />A. The BORROWER agrees as follows: <br /> <br />1. Time for PROJECT Completion. The BORROWER recognizes that time is of the essence in the <br />performance of all of its obligations under this contract. Therefore, the BORROWER shall <br />finalize the PROJECT water rights purchase($) within two (2) years of the date of this contract. <br />The time for completion of the PROJECT may be extended subject to the approval'of the <br />STATE. The BORROWER must provide, in writing, documented justification for any request for <br />an extension within sixty (60) days prior to the end of the period for completion. The STATE <br />will provide to the BORROWER within thirty (30) days following receipt of the BORROWER'S <br />request, a letter of approval or denial of the request for extension of time for completion. <br /> <br />2. BORROWER'S Indemnification ofthe STATE:. The BORROWER shall, without expense or legal <br />liability to the STATE, manage, operate, and maintain its water system continuously in an <br />efficient and economical manner. The BORROWER agrees to indemnify and hold the STATE <br />harmless from any liability incurred by the STATE as a result of the STATE'S interest in the <br />PROJECT water rights and any other property identified in the C{)lIateral provision of this <br />contract. <br /> <br />3. BORROWER'S Liability Insurance. Upon execution of this contract and continuing until <br />complete repayment of the loan is made to the STATE, the BORROWER shall maintain <br />commercial general liability insurance with a company that is satisfactory to the STATE <br />covering the management, operation, and maintenance of its water system with minimum <br />limits of $1,000,000 combined single limit for each occurrence and $2,000,000 general <br />aggregate, including products/completed operations and personal injury. <br /> <br />Said general liability insurance shall name the STATE as additional insured. The BORROWER <br />shall provide the STATE with an Acord Forn1 27 evidencing said insurance and an additional <br />insured endorsement, and shall provide the STATE with documentation of renewals of said <br />insurance. The STATE will not disburse any loan funds without evidence of said insurance <br />coverage. Throughout the life of this contract, the STATE reserves the right to increase the <br />above amount of insurance so that said amounts at a minimum correspond to the amount <br />established by the Colorado Govemmentallmmunity Act, now and as hereafter amended. <br /> <br />4. BORROWER'S Authority To Contract. The BORROWER shall, pursuant to its statutory <br />authority, articles of incorporation. and bylaws, have its members and board of directors <br /> <br />Columbine Ranches Property Owner's Association <br /> <br />Page 2 of 11 <br />