C150360 Amend 1

• Contract/PO #: C150360 CT2015-141
• Contractor Name: East Mesa Water Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

makes to the BORROWER.
5. Return of Unused Loan Funds. Any loan funds disbursed but not expended for the
PROJECT in accordance with the terms of this CONTRACT shall be remitted to the CWCB
within 30 calendar days from notification from the CWCB of either (1) completion of the
PROJECT or (2) determination by the CWCB that the PROJECT will not be completed.
6. BORROWER's Authority to Contract. The BORROWER warrants that it has full power and
authority to enter into this CONTRACT. The execution and delivery of this CONTRACT and
the performance and observation of its terms, conditions and obligations have been
duly authorized by all necessary actions of the BORROWER. The BORROWER'S
AUTHORIZING RESOLUTION(s) are attached as APPENDIX 3a and 3b and incorporated
herein.
7. Attorney's Opinion Letter. Prior to the execution of this CONTRACT by the CWCB, the
BORROWER shall submit to the CWCB a letter from its attorney stating that it is the
attorney's opinion that
a. the CONTRACT has been duly executed by officers of the BORROWER who are duly
elected or appointed and are authorized to execute the CONTRACT and to bind the
BORROWER;
b. the resolutions of the BORROWER authorizing the execution and delivery of the
CONTRACT were duly adopted by the BORROWER's board of directors and/or
shareholders
c. 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
d. the CONTRACT will be valid and binding against the BORROWER if entered into by the
CWCB.
8. PLEDGE OF PROPERTY. The BORROWER irrevocably pledges to the CWCB for purposes
of repayment of this loan: (1) revenues from assessments levied for that purpose as
authorized by the BORROWER's resolution(s) and (2) all of the BORROWER's rights to
receive said assessment revenues, hereinafter collectively referred to as the "PLEDGED
PROPERTY".
a. Segregation of Pledged Revenues. The BORROWER shall set aside and keep the
pledged revenues in an account separate from other BORROWER revenues and
warrants that these revenues will not be used for any other purpose.
b. Establish Security Interest. The BORROWER has duly executed a SECURITY
AGREEMENT, attached hereto as APPENDIX 4 and incorporated herein, to provide a
security interest t0 the CWCB in the PLEDGED PROPERTY. The CWCB shall have
priority over all other competing claims for said PLEDGED PROPERTY, except for the
liens of the BORROWER's existing loans as listed in Section 5 (Schedule of Existing
Debt) of the PROJECT SUMMARY, which sets forth the position of the lien created by
this CONTRACT in relation to any existing lien(s).
c. Revenue Assessments. Pursuant to its statutory authority, articles of incorporation
Loan Contract C150360
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