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PROJC00776
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Last modified
8/9/2011 3:25:36 PM
Creation date
10/6/2006 12:13:23 AM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150096
Contractor Name
Upper Platte and Beaver Canal Company
Contract Type
Loan
Water District
1
County
Morgan
Bill Number
SPL
Loan Projects - Doc Type
Contract Documents
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<br />....J <br />. <br /> <br />. <br /> <br />CARLSON, liAMMOND & P ADDOGK, L.L,G, <br />ATiORNEYS AT LAW <br /> <br />MARY ME:AO HAMMOND <br />WILLIAM A. PADDOCK <br />l,..E.E H. JOHNSON <br />KARL D. OHLSEN <br /> <br />1700 LINCOLN STREET, SUITE 3900 <br />DENVER, COLORADO 80203-4539 <br /> <br />JOHN UNDEM CARLSON <br />(J940-]992) <br /> <br />Sender's Emllil', <br />mhammond@chp-law,com <br /> <br />RECEIVED <br />JUN 04 2002 <br /> <br />TELEPHONE (.30,3) 861-9000 <br />TELECOPIER (.303) 861-9026 <br /> <br />9.mail: chp@chp-Iaw.com <br />website: www.chp-Jaw.com <br /> <br />Colorado water ConseNalioo Boaill <br /> <br />June 3,2002 <br /> <br />CONFIRMATION COpy <br />FACSIMilE <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />, Attn: Ms, Ian mi~, Contract Administrator <br />Water Supply Planning and Finance Section <br /> <br />Ladies and Gentlemen: <br /> <br />The firm is counsel to the Upper Platte and Beaver Canal Company (the "Company") and <br />has served in such capacity in connection with the Emergency Loan request of the Company for a <br />loan offunds in an amount not to exceed $83,000 for rehabilitation of the Company's diversion <br />structure located on the South Platte River, <br /> <br />We have examined the Company's Articles ofIncorporation and Bylaws, the Loan Contract, <br />Promissory Note and Deed of Trust (collectively the "Loan Documents") and such other certificates <br />and docwnents relating to the Company and the proposed loan, and made such other examination <br />of applicable law as we have deemed necessary in giving this opinion, <br /> <br />Based upon the foregoing, we are of the opinion that: <br /> <br />(a) The Company is a Colorado mutual ditch company authorized to borrow money for <br />its corporate purposes, including the rehabilitation of its diversion structure located on the South <br />Platte River, <br /> <br />(b) The persons executing the Loan Documents on behalf of the Company were duly <br />elected and have authority to execute such documents on behalf of the Company, <br /> <br />(c) The Company's Board of Directors has validly adopted a resolution approving the <br /> <br />loan, <br /> <br />(d) There are no provisions in the Company's Articles ofIncorporation or Bylaws or any <br />applicable law that prevent the Loan Docwnents from binding the Company, <br /> <br />(e) Assuming valid execution and implementation by the Colorado Water Conservation <br />Board, the Loan Docwnents are valid and binding against the Company, subject, however, to the <br />effect of, and to restrictions and limitations imposed by or resulting from, bankruptcy, insolvency, <br />
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