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C150334 Attorney Opinion Letter
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C150334 Attorney Opinion Letter
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Last modified
2/10/2015 12:52:27 PM
Creation date
4/28/2014 1:35:58 PM
Metadata
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Template:
Loan Projects
Contract/PO #
CT2015-044
C150334
Contractor Name
McDonald Ditch Company
Contract Type
Loan
Water District
20
County
Rio Grande
Loan Projects - Doc Type
Contract Documents
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Law Office of Tod J. Smith, LLC <br /> 1007 Pearl Street, Suite 220 <br /> Boulder,Colorado 80302 <br /> Tod J.Smith Telephone: (303)444-4203 <br /> Facsimile: (303)444-3490 <br /> E-mail: tod lJtis-1aw,com <br /> March 13, 2014 <br /> Colorado Water Conservation.Board <br /> Water Supply Planning and Finance Section <br /> 1580 Logan Street, Suite 750 <br /> Denver, Colorado 80203 <br /> Re: McDonald Mutual Ditch Company, <br /> Loan Contract No. C150334 <br /> Dear CWCB: <br /> This Attorney Opinion Letter is provided in compliance with paragraph 7 of the proposed <br /> Loan Contract No.C150334(the"Contract")between the Colorado Water Conservation Board(the <br /> "CWCB")and the McDonald Mutual Ditch Company(the"Borrower"). The Law Office of Tod J. <br /> Smith, LLC serves as special legal counsel to the Borrower. <br /> In response to the information requested in paragraph 7, it is my opinion that: <br /> 1. The Contract has been duly executed by the President of the Borrower who is duly <br /> elected or appointed and is authorized to execute the Contract and to bind the Borrower. <br /> 2. The Resolutions of the Borrower authorizing the execution and delivery of the <br /> Contract were duly adopted by the Borrower's Board of Directors in compliance with the Borrower's <br /> Articles of Incorporation and Bylaws. <br /> 3. There are no provisions in the Borrowers' Articles of Incorporation or Bylaws that <br /> prevent the Contract from binding the Borrower. <br /> 4. The Contract will be valid and binding against the Borrower when executed and <br /> entered into by the CWCB. <br />
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