CT2015-012 Amendment No. 2

• Contract/PO #: CT2015-012
• Contractor Name: Sanchez Ditch & Reservoir Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

1. PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this
Amendment(the"Contract")is entered into by and between the Borrower,and the State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Contract shall be construed and interpreted in accordance with the Contract.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the
Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this
Amendment before that Amendment Effective Date.
The Parties' respective performances under this Amendment and the changes to the Contract contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this
Amendment.
4. PURPOSE
The Borrower was approved for a CWCB Loan Contract,Loan Contract Number CT2015-012,in September,2012,
for the Sanchez Reservoir Outlet Rehabilitation Project.The purpose of the Project was to make safety and
operational improvements to the outlet works at Sanchez Reservoir(Reservoir)and to address seepage concerns
raised by the Dam Safety Branch of the Office of the State Engineer(SEO).The seepage monitoring efforts are still
in progress and a larger task than originally anticipated,resulting in a request for additional funds.The parties have
agreed to amend the contract to increase the total loan amount by$121,200.00,from$1,381,276.00 to$1,502,476.00
to complete the seepage monitoring.
5. MODIFICATIONS
The Contract and all prior amendments thereto,if any,are modified as follows:
A. The revised loan contract amount is hereby deleted and replaced with the Current Contract Maximum Amount
of$1,502,476.00,shown on the Signature and Cover Page for this Amendment.
B. Amendment to Promissory Note, Appendix A-1, in the revised loan amount, and incorporated herein shall
replace and supersede the Original Promissory Note attached to the Original Loan Contract as Appendix 2
and the Amendment to Promissory Note,Appendix A to Contract Amendment No. 1.
C. Amendment to Security Agreement,Appendix B-1, in the revised loan amount,and incorporated herein shall
supplement and operate in conjunction with the Original Security Agreement, attached to the Original Loan
Contract as Appendix 4 and the Amendment to Security Agreement, Appendix B to Contract Amendment
No.1.
D. Amendment to Deed of Trust, Appendix C-1, in the revised loan amount, and incorporated herein shall
supplement and operate in conjunction with the Original Deed of Trust, attached to the Original Contract as
Appendix 5 and the Amended Deed of Trust,Appendix C to Contract Amendment No. 1. The Amendment to
Deed of Trust(Appendix C-1)shall be recorded with the Costilla County Clerk and Recorder.
E. Appendix D,Option Letter, is attached to this Amendment and Option Letter language shall be an addendum
to the Promissory Note Provisions,Paragraph A3,Page 2,of the Original Loan Contract:
• If the amount of loan funds disbursed by the CWCB,to the BORROWER,differs from the Loan Amount,the
parties shall amend this Contract or exercise an Option Letter.A Sample Option Letter is attached,to this
Amendment as Appendix C.
• An amendment to this Contract shall be executed for the following changes including,but not limited to,an
increase in Loan Amount,change in collateral,and decrease in Loan Amount with re-amortization of the
Loan.
• Upon substantial completion of the Project with a resulting decrease in the total Loan Amount and the
Borrower requests a re-amortization of the Loan,the Parties agree to amend this contract.
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