Laserfiche WebLink
<br />~. <br /> <br />~ <br />r . <br /> <br />. <br /> <br />'....; <br /> <br />. <br /> <br />WHEREAS, the parties desire to amend the Original Contract to <br />provide for these changes. <br /> <br />NOW, THEREFORE, it is hereby agreed that: <br /> <br />1. This Contract Amendment #2 is a supplement to the original <br />contract, Attachment A, and the first Amendment thereto, <br />Appendix A, which are by this reference incorporated and <br />made a part hereof, and all the terms, conditions, and <br />provisions thereof, unless specifically modified herein, <br />are to apply to this Contract Amendment #2 as though they <br />were expressly rewritten, incorporated, and included <br />herein. <br /> <br />2. The language in Paragraph 5. of the Original Contract shall <br />be deleted and the following language shall be inserted as <br />the amended Paragraph 5: <br /> <br />In consideration of the state assuming a certain <br />portion of the cost of the preparation of the Twin <br />Lakes Dam feasibility report, the Contractor shall pay <br />to the State the sum of Twenty-Three Thousand Six <br />Hundred Seventy-Two Dollars and sixty Cents <br />($23;672.60) provided that construction of the subject <br />water project is initiated within ten (10) years of the <br />date of this contract. The Contractor shall fulfill <br />this obligation irrespective of how or by whom or to <br />what specifications or plans the subject project is <br />financed, paid, or constructed for so long as <br />construction of the project is initiated within the <br />specified time. <br /> <br />3. The language in Paragraph 6. of the Original Contract shall <br />be deleted, and the following language shall be inserted as <br />the amended Paragraph 6: <br /> <br />In the event the Contractor must make payment pursuant <br />to the terms of Paragraph 5. above, then the said sum <br />of Twenty-Three Thousand six Hundred Seventy-Two <br />Dollars and sixty Cents ($23,672.60) shall be payable <br />in ten (10) equal yearly installments of Two Thousand <br />Three Hundred sixty-seven Dollars and Twenty-six Cents <br />($2,367.26) each, the first installment to be due and <br />payable upon the January 1st next succeeding the <br />initiation of construction on the water project. <br />Subsequent payments shall be due and payable on January <br />1st of each year thereafter. <br /> <br />4. The contractor repayment to the state of the Twenty-Three <br />Thousand six Hundred Forty Dollars ($23,640) proportionate <br />cost-share for the Peterson Dam, as previously required by <br />Paragraphs 5. and 6. of the original Contract, shall be <br />included as part of the Contractor repayment of the <br />rehabilitation loan to be required by the proposed Peterson <br />Dam Project Contract. <br /> <br />5. A fully executed project Contract between the State and the <br />Contractor for a loan to rehabilitate the Peterson Dam is a <br />condition precedent to this Contract Amendment. The <br />repayment provisions of that Project Contract shall include <br />repayment to the state of the TWenty-~hree-Thousand-Six- <br />Hundred-Forty-Dollar ($23,640) proportionate cost-share <br />provided by the State for the feasibility report of <br />Peterson Dam. This Contract Amendment shall not be <br />effective until such project contract has been fully <br />executed by the signatures of all parties, and has obtained <br />all required approvals thereof, including that of the <br />Attorney General and the Controller, and a conformed copy <br />of such signed and approved Project contract returned to <br />the parties thereto. <br /> <br />Page Z of ~ pages <br /> <br /> <br />t , <br />