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<br />I <br /> <br />AMENDMENT NO.1 TO <br />INTERLOCAL AGREEMENT FOR INTERIM FUNDING OF <br />HAYS CALDWELL PUBLIC UTILITY AGENCY <br /> <br />This Amendment No.1 to Interlocal Agreement for Interim Funding (this "Amendment") is <br />entered into as of December 1, 2007 between the Hays Caldwell Public Utility Agency (the <br />"Agency") and the [Sponsor Name] (the "[Sponsor]") (individually, "Party," and together, the <br />"Parties"), for the purposes and mutual benefits to be derived by the Parties as described herein. <br /> <br />RECITALS <br /> <br />1. WHEREAS, the Parties entered into an Interlocal Agreement for Interim Funding ofthe <br />Hays Caldwell Public Utility Agency (the "Agreement") as of March 1,2007. <br /> <br />2. WHEREAS, the Parties are in the process of negotiating an ongoing water supply <br />contract under which the [Sponsor], together with the other Sponsors, will finance the expenses of <br />the Agency. The parties anticipate that the water supply contract will be finalized and executed by <br />the Agency and the Sponsors by January 31, 2008. The Agency is continuing to incur engineering, <br />administrative, legal and other expenses, and although unspent funds remain from the Sponsors' <br />initial contributions under the Agreement, the Agency and the Sponsors consider it prudent not to <br />draw down these remaining funds pending the execution of the water supply contract. <br /> <br />I <br /> <br />3. WHEREAS, the Parties wish to amend the Agreement as set forth in this amendment to <br />provide for contributions by the [Sponsor] towards Agency expenses in accordance with the FY <br />2007-2008 Agency budget approved by the Agency Board of Directors (the "Agency Board") on <br />October 31, 2007. <br /> <br />NOW, THEREFORE, in consideration ofthe mutual promises, obligations, and benefits <br />to be derived by the Parties, and other good and valuable consideration, the receipt and <br />sufficiency of which is expressly acknowledged by the Parties, the Agency and the [Sponsor] <br />agree to amend the Agreement as follows: <br /> <br />1. The Parties agree to amend Section 1.1 of the Agreement as follows (underlining <br />indicates added text and overstrike indicates deleted text): <br /> <br />Section 1.1. Engagements for Services. The Agency has entered agrees to eAter into <br />agreements with qualified firms for the performance of the following services related to <br />the Project for the Agency: <br /> <br />A. Staff Services <br /> <br />B. General Counsel Services <br /> <br />C. Engineering Services <br /> <br />I <br /> <br />D. Financial Advisor Services <br /> <br />E. Bond Counsel Services <br />