CT2018-3122 Amendment NO. 1

• Contract/PO #: CT2018-3122
• Contractor Name: Trinchera Irrigation Company
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

1. PARTIES
This Amendment(the"Amendment")to the Original Contract(the"Contract")shown on the Signature and Cover
Page for this Amendment is entered into by and between the Borrower("Borrower"or"Authority"),and the State
("CWCB").
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 CT2018-3122,on April 30,2018
for the Mountain Home Dam,Outlet Rehabilitation Phase III(Project).The purpose of the project was to meet the
Dam Safety Branch of the Office of the State Engineer's(SEO)emergency drawdown requirements and eliminate
leakage by rehabilitating the dam outlet works.Due to the fact that this is a low water year and the reservoir is nearly
drained,outlet conduit lining was added to the Project.The parties have agreed to amend the contract to increase the
total loan amount by$316,130.00,from$440,360.00 to$756,490.00.This amount includes the 1%origination fee.
5. MODIFICATIONS
The Contract and all prior amendments thereto,if any,are modified as follows:
A. The original loan contract amount is hereby deleted and replaced with the Current Contract Maximum
Amount of$756,490.00,shown on the Signature and Cover Page for this Amendment.The loan terms shall
remain 30 years at 1.65%.
B. Amendment to Promissory Note,Appendix A, in the revised loan amount and incorporated herein, shall
replace and supersede the Original Promissory Note attached to the Original Loan Contract as Appendix 3.
C. Amendment to Security Agreement,Appendix B,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 5.
D. Amendment to Deed of Trust, Appendix C, 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 6.The Amendment to Deed of Trust(Appendix C)shall be recorded with the Costilla County
Clerk and Recorder.
6. RESOLUTION
The Borrower has adopted a Board of Director's Resolution and a Shareholder's Resolution,irrepealable for the term
of this loan,authorizing the Borrower to enter into this contract amendment to borrow the additional loan amount,to
establish and collect assessments sufficient to pay the annual loan payments,to pledge said assessments for
repayment of the loan,and to execute documents necessary to convey a security interest in said assessments and
collateral,if necessary,to the CWCB,and attached as Appendix D.
7. ATTORNEY OPINION LETTER
Prior to the execution of this Amendment by the CWCB,the Borrower shall submit to the CWCB a letter from its
attorney stating that it is the attorney's opinion that(1)the person(s)signing for the Borrower was duly elected or
appointed and has authority to sign such documents on behalf of the Borrower and to bind the Borrower;(2)the
Borrower's governing body has validly adopted a resolution approving this Amendment; (3)there are no provisions
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