CT2018-2832 AOL

• Contract/PO #: CT2018-2832
• Contractor Name: Bessemer Irrigating Ditch Company
• Loan Projects - Doc Type: Contract Documents

FISCHER, BROWN, BARTLETT & GUNN, PC
MARGARET A.(Meg)BROWN UPI WARD H.FISCHER(1929-1996)
DANIEL K.BROWN A * WILLIAM H.BROWN(Of Counsel)
BRENT A.BARTLETT WILLIAM C.GUNN(Of Counsel)
RIM
LISA A.LARSEN WILLIAM R.FISCHER(Of Counsel)
SARA J.L.IRBY ATTORNEYS AT LAW
DONALD E.FRICK Phone:[phone]
TODD W.ROGERS 1319 East Prospect Road Fax:[phone]
Fort Collins,CO 80525 Website:www.fbbglaw.com
February 21, 2018
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, Colorado 80203
Re: Authority of the Bessemer Irrigating Ditch Company to enter into Loan Contract(CMS:
107395/CORE:CT2018-2832)with the Colorado Water Conservation Board
To Whom It May Concern:
This opinion is being delivered to you pursuant to Paragraph 13 of the Loan Contract
(CMS: 107395/CORE:CT2018-2832) between the Bessemer Irrigating Ditch Company
("Borrower") and the Colorado Water Conservation Board("CWCB"). I have reviewed
Borrower's articles of incorporation and bylaws, the minutes of the board meeting at which this
Loan Contract was considered and approved, and the contract itself. Based upon the
representations of the Borrower and the documents provided as described above, I am of the
opinion that:
I. The contract has been duly executed by the Board of Directors of the Borrower who
are duly elected or appointed and are authorized pursuant to Article 10 of Borrower's
Articles of Incorporation to execute the contract and to bind the Borrower;
2. The minutes of the Borrower authorizing the execution and delivery of the contract
show that the board duly authorized the execution and delivery of the Loan Contract
by the Borrower;
3. It is my opinion that there are no provisions in the Borrower's articles of
incorporation or bylaws or any state or local law that prevent this contract from
binding the Borrower and that the contract will be valid and binding against the
Borrower if entered into by the CWCB.
Accordingly, it is my opinion that Borrower has adequate authority to enter into the
contract through resolution adopted by the Borrower evidenced by Borrower's minutes.
Sincerely,
l C
Donald E. Frick, sq.