<br />.()
<br />
<br />.--,-
<br />, ,
<br />
<br />of the CONTRACTOR. Therefore, the STATE concludes that the CONTRACTOR'S request that the
<br />time for construction of the PROJECT should be extended an additional three (3) years is
<br />reasonable and necessary; and
<br />
<br />The STATE and the CONTRACTOR wish to clarify the CONTRACTOR'S responsibilities with
<br />respect to the renewal of the security interest required by the ORIGINAL CONTRACT,
<br />
<br />NOW THEREFORE, it is hereby agreed that
<br />
<br />1. Consideration for this Amendment to the ORIGINAL CONTRACT, as amended, consists
<br />of the payments which shall be made pursuant to this Amendment and ORIGINAL CONTRACT,
<br />and the promises and agreements herein set forth.
<br />
<br />2. It is expressly agreed by the parties that this Amendment is supplemental to the
<br />ORIGINAL CONTRACT, as amended, which is by this reference, incorporated and made a part
<br />,~~.
<br />hereof, and identified as Appendix B, and all terms, condittqns';-ari'itiPJ,Qvisions thereof, unless
<br />specifically modified herein, are to apply to this Amendm~nt"'a,s thog~h they were expressly
<br />rewritten, incorporated, and included herein; "'\"'\" \-:)i. '!rf
<br />'''''-, ",_" '"'''''',.LiP,;
<br />'i.;.,-..., ~,,;.~;. "":.,~?
<br />3. It is agreed ,by the parti~~.)9.,~t th'~p"R,~?INAL':SbNT~e:T is and shall be modified,
<br />altered. and changed In the foJ!~~lngrespe~ts'~!1I.y",: >~
<br />~th\ .)/ ~;-,,/ ~~~~
<br />a. Replace paragraph~K3 with\the following:
<br />~:.,~\" y
<br />
<br />A.3. Cause construc;W~f the PROJECT to b~ completed within six (6) years
<br />of the date of this contract, in accordance with the PROJECT plans and
<br />specifications, and with any necessary modifications thereof approved by the
<br />STATE, so that construction will be completed by June 14, 1997. This time
<br />may be extended by the STATE in writing if such time is insufficient because of
<br />acts or circumstances beyond the control of the CONTRACTOR. The CONTRACTOR
<br />must produce documented justification of any such acts or circumstances.
<br />
<br />b. ,Replace paragraph L with the following:
<br />
<br />L. The Contractor agrees that the specific revenues to be pledged to repay the
<br />State shall include, without being limited to, an assessment levied for that
<br />purpose as authorized by Resolution of the Contractor. The Contractor hereby
<br />pledges such assessment revenues to repay the State loan, warrants that these
<br />revenues will not be used for any other purpose, and agrees to provide the
<br />State with a perfected security interest in the form provided by the State
<br />irrevocably pledging such revenues on the date of the execution of this
<br />contract. In addition, the Contractor will, within thirty (30) days prior to the
<br />end of the fourth year that the Original Contract is in effect and every five (5)
<br />years thereafter, deliver to the State a fully and properly executed Continuation
<br />Statement (Form UCC-3) of the security interest LUCC-Security Agreement and
<br />Financing Statement)' required by the Original Contract.
<br />
<br />WEST DIVIDE WCD
<br />
<br />Page 2 of 3
<br />
<br />CONTRACT AMENDMENT
<br />
|