2008-04-15_REVISION - M1980244 (265)

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AMENDMENT' TO OPERATING AND MAINTENANCE AGREENfENT TFUS AMENDMENT TO OPERATING AND MAINTENANCE AGREEMENT ( "Amendment ") is entered into effective the day of , 1999, by The City of Victor (the "City") and.Cripple Creek & Victor Gold Mining Company, a joint venture, Pikes Peak Mining Company, Manager, ( "CC &V"). WHEREAS, the City and CC &V entered into that certain Operating and Maintenance Agreement dated August 1, 1999 concerning the maintenance and operation of the Altman Pump Station (the "Agreement "); and WHEREAS, the City and CC&V desire to amend the Agreement in certain respects. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and CC&V agree as follows: II tm y 1. In accordance with the provisions of the Agreement, including, without limitation, Section 3 (Capital Replacements; Capital Improvements), CC &V shall use its reasonable judgment in the performance of its obligations under the Agreement in order to achieve the objective of the parties to provide a reliable supply of water to the City and CC &V. 2. For the purposes of the Agreement, until changed by notice in accordance with Section 9 of the Agreement: The City's contact persons are as follows: Kirk Lamphier (first contact) Tish Allen (second contact) .Tim Watson-(third contact) _ CC&V's contact persons are as follows: Denny Deemer (fust contact) Roger ••\• •• (second contact) During 3. • u of the •J e..0 • .J • any • ' • 1 the • • CC&V shall rnect on a weekly basis in order to develop and act upon opm-ating and maintenance plam and proposals and address other issues concerning the Altman P••/•1• Station be- prepared. t •• 11 \fig of each meeting • • - be e• •.• •. e• \ • approved at the meeting following the meeting fbr which the minut to be approved were taken. the first meeting, one person shall be designated as the-holder • •