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CT2018-892 BOL
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Last modified
7/26/2017 11:22:21 AM
Creation date
7/26/2017 11:22:20 AM
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Loan Projects
Contract/PO #
CT2018-892
Contractor Name
Town of Wiggins
Loan Projects - Doc Type
Contract Documents
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BUTLER SNOW <br /> July 14, 2017 <br /> Colorado Water Conservation Board Town of Wiggins, Colorado <br /> Denver, Colorado 80203 Wiggins, Colorado 80645 <br /> Town of Wiggins, Colorado <br /> Acting by and through its Water Enterprise <br /> 2017 Loan Contract with the <br /> Colorado Water Conservation Board <br /> Ladies and Gentlemen: <br /> We have acted as bond counsel to the Town of Wiggins, Colorado (the "Town"), <br /> acting by and through its Water Enterprise (the "Borrower") in connection with the Town's <br /> authorization, execution and delivery to the Colorado Water Conservation Board ("CWCB") of a <br /> loan contract (the "Loan Contract"), a security agreement (the "Security Agreement"), and a <br /> promissory note (the "Note;" and together with the Loan Contract and the Security Agreement, <br /> the "Loan Documents"), which Loan Documents were authorized by an ordinance duly adopted <br /> by the Board of Trustees of the Town on June 28, 2017, and pursuant to which the CWCB will <br /> loan the Borrower the amount of$2,408,850. <br /> In our capacity as bond counsel, we have examined the Town's certified <br /> proceedings, the Loan Documents, and such other documents and such law of the State of <br /> Colorado and of the United States of America as we have deemed necessary to render this opinion <br /> letter. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them by <br /> the Loan Documents. <br /> Regarding questions of fact material to our opinions, we have relied upon the <br /> Town's certified proceedings and other representations, certifications and opinions of public <br /> officials, the Town Attorney, and others furnished to us without undertaking to verify the same by <br /> independent investigation. <br /> Based upon such examination, and subject to the following qualifications, it is <br /> our opinion as bond counsel that: <br /> 1. The Borrower has full legal right and authority to execute the Loan <br /> Documents and to observe and perform its duties, covenants, obligations and agreements <br /> thereunder. <br /> 2. The Borrower has pledged the Pledged Revenues for the punctual payment <br /> of the principal of and interest on the Loan and all other amounts due under the Loan Documents <br /> according to their respective terms, and the Loan Contract creates a valid lien on such Pledged <br /> Revenues on a parity with the Existing Parity Loans and any additional parity indebtedness <br /> hereafter issued. No filings or recordings are required under the Colorado Uniform Commercial <br /> T 720.330.2300 1801 California Street <br /> F 720.330.2301 Suite 5100 <br /> www.butlersnow.com Denver,CO 80202 <br /> BUTLER SNOW LLP <br />
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