C150353 Contract Amendmnet No 1 AOL and BOL

Home Browse Search

KUTAK ROCK LLP ATLANTA CHICAGO SUITE 3000 FAYETTEVILLE 1801 CALIFORNIA STREET IRVINE KANSAS CITY DENVER, COLORADO 80202-2626 LITTLE ROCK LOS ANGELES 303-297-2400 MINNEAPOLIS FACSIMILE 303-292-7799 OKLAHOMA CITY OMAHA www.kutakrock.com PHILADELPHIA RICHMOND SCOTTSDALE WASHINGTON June 29, 2017 WICHITA Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, CO 80203 Re: Boxelder Basin Regional Stormwater Authority Loan Contract Amendment No. 1, amending Colorado Water Conservation Board Loan Contract No. C150353 To Whom It May Concern: We have been engaged by Boxelder Basin Regional Stormwater Authority (the "Authority") for the sole purpose of providing the bond counsel opinion required by the State of Colorado Department of Natural Resources Water Conservation Board ("CWCB") in provision 5(D) of Loan Contract Amendment No. 1 (the "Loan Contract Amendment"), amending that certain Loan Contract No. C150353 (the "Original Loan Contract"). The execution by the Authority of the Loan Contract Amendment, including the documents attached thereto, was approved pursuant to Resolution No. 2017-06-01 passed and adopted by the Board of Directors of the Authority on June 26, 2017 (the "Amendment Resolution"). The execution by the Authority of the Original Loan Contract, including the documents attached thereto, was approved pursuant to Resolution No. 2014-2 passed and adopted by the Board of Directors of the Authority on May 28, 2014 (the "Original Loan Resolution"). We have examined the constitution and the laws of the State of Colorado (the "State"), an Intergovernmental Agreement for Stormwater Cooperation and Management dated August 20, 2008, as amended by a First Amendment to Intergovernmental Agreement for Stormwater Cooperation and Management dated June 16, 2014, among the Board of Commissioners of Larimer County (the "County"), the City of Fort Collins, Colorado (the "City"), and the Town of Wellington (the "Town"), the Intergovernmental Agreement for the Larimer County Road 52 Project dated June 16, 2014, among the Authority, the County, the City, the Town and the Timnath Development Authority, and such certified proceedings, certificates, documents, opinions and other papers as we deem necessary to render this opinion, including, but not limited to, the Amendment Resolution and a resolution of the Town Board of the Town adopted on June 27, 2017. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to 4811-6362-6059.1