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Res 2007-199
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Res 2007-199
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Last modified
2/25/2008 2:46:12 PM
Creation date
11/21/2007 9:19:09 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2007-199
Date
11/20/2007
Volume Book
173
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<br />fill such agreements ',vill be subject to approval by the Agency Board. The Parties agree I <br />that the scope of the seniees to be pro':ided under the Staff Services, General Counsel <br />Services and Engineering Services agreements, and the estimated cost for those services, <br />will be detailed in the agreements, and that the estimated cost for the services will <br />generally conform to the table labeled "Budget for Fiscal Year 2007-2008 2006 2007" <br />included on Attachment A to this Amendment figreement. The Parties agree that the <br />Financial Advisor Services and Bond Counsel Services agreements may be general and <br />ongoing in nature; however, the fees for services under those agreements will be payable <br />solely from the proceeds of bond obligations issued by the Agency. <br /> <br />2. The Parties agree to amend Section 1.4 of the Agreement as follows (underlining <br />indicates added text and overstrike indicates deleted text): <br /> <br />Section 1.4. Reimbursement from Proceeds of Bond Obligations. The <br />Agency agrees that if it issues bond obligations, the Agency will include in the amounts <br />of such obligations the cost of services incurred by the Agency under this Agreement as <br />requested by each of the Sponsors, and to the extent allowed under applicable law. The <br />Agency agrees that upon the issuance of bond obligations which include the cost of <br />services incurred by the Agency under this Agreement, the Agency will reimburse the <br />[Sponsor] and the other Sponsors for those costs in accordance with proportion to the <br />amounts requested J*lid by each of the Sponsors towards those costs within 30 days of the <br />receipt by the Agency of the proceeds of the issuance. <br /> <br />3. The Parties agree to amend Section 2.1 of the Agreement as follows (underlining I <br />indicates added text and overstrike indicates deleted text): <br /> <br />Section 2.1. Contribution Payments. <br /> <br />A. The rSponsor 1 agrees to make an initial payment to the Agency in the <br />amount of $ramountl towards the Agency's expenses in its 2007-2008 Fiscal Year. +he <br />[Sponsor] agrees to make payments to the Agency in the amount of the [Sponsor]'s share <br />of the amounts due for services rendered to the .'\gency under Section 1.1 above. The <br />[Sponsor]'s share, based on its identified water sl:tppIy needs in relation to the o'lerall <br />capacity of the Project, will be 39.70%. The calculation of this initial payment the <br />[Sponsor]'s share is shown in the table labeled "Individual Participant Costs for Fiscal <br />Year 2007-2008 2006 2007" included on Attachment A to this Amendment in the <br />column labeled "Oct '07 - Dec '07" Agreement. Except for the initial payment under <br />Subsection B of this Section, the The [Sponsor] agrees to make this initial these payments <br />within 12 ~ days of the date of the eaeh invoice provided by the Agency to the <br />[Sponsor]. <br /> <br />B. If the execution of the water supply contract by the Agency and the <br />Sponsors is delayed, the Agency Board may request the rSponsorl to make one or more <br />further payments towards the rSponsorl's respective share of Agency expenses as shown <br />in the table labeled "Individual Participant Costs for Fiscal Year 2007-2008" included on I <br />Attachment A to this Amendment. The rSponsorl agrees to consider making a further <br />payment to the Agency in response to any such request, but each such payment will be <br /> <br />2 <br />
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