HomeMy WebLinkAbout2002-10-01 i
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® ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND APPROVING
AMENDMENTS TO THE PROJECT DEVELOPMENT
AGREEMENT FOR THE WHITE RIVER LOCK AND DAM NO.
1 HYDROELECTRIC POWER GENERATION PROJECT;
DECLARING AN EMERGENCY; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Batesville, Arkansas (the "City" )
and Independence County, Arkansas (the "County" ) have entered into
a Project Development Agreement dated November 23 , 1985, as amended
by the Amendment to Project Development Agreement dated May, 1997
(the "Original Agreement" ) pertaining to the development and
financing, by the County, of hydroelectric power facilities at Lock
and Dam No. 1, in the White River ( "Project 111 ) ; and
WHEREAS, the City and the County have agreed, in Section
5 . 0 of the Original Agreement, to enter into such other agreements
as may be necessary or appropriate, consistent with the Original
Agreement; and
WHEREAS, it is appropriate that the Original Agreement be
amended and supplemented in order that the County may go forward
with the development and financing of Project 1 and the commitments
that may be required to that end;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Batesville, Arkansas :
Section 1 . The Second Amendment to Project Agreement is
approved in substantially the form presented at the meeting at
which this Ordinance is addressed. The Mayor is authorized to
execute and deliver the Second Amendment to Project Agreement with
such changes as he may approve, consistent with the purposes of
this Ordinance, his execution to constitute conclusive evidence of
the approval thereof .
Section 2 . The Mayor is authorized to execute such
writings and take such action as may be appropriate to carry out
the terms and purposes of this Ordinance and the development and
financing of Project 1 .
Section 3 . It has been found that Project 1 is important
to the continued growth and development of the City and that,
particularly because of the requirements of regulatory agencies,
financing and development of Project 1 must commence without delay,
Therefore, an emergency is declared and this Ordinance, being
necessary for the preservation of the public peace, health and
safety, shall be in force upon its passage .
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• ADOPTED this 6 — day of October, 2002 .
MayoY
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CERTIFICATE
The undersigned, City Clerk of the City of Batesville,
Arkansas, hereby certifies that the foregoing pages are a true and
correct copy of Ordinance No. (P -/o-I , adopted at a cc(q. session
of the Council of the City of Batesville, Arkansas, held at the
regular meeting place of the Council in the City at p.m. ,
on the 8th day of October, 2002 , and that said Ordinance is of
record in Ordinance Record Book No. t Page 531 now in my
possession. I'
GIVEN under my hand and seal this P44n day of October,
2002 .
fm.-
City Clerk
(SEAL)
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SECOND AMENDMENT TO PROJECT DEVELOPMENT AGREEMENT
THIS Second Amendment to Project Development Agreement
entered into as of this 1st day of September, 2002 , between
Independence County, Arkansas (the "County") and the City of
Batesville, Arkansas (the "City" ) ;
WITNESSETH:
WHEREAS, the County and the City have entered into a
Project Development Agreement dated November 23 , 1985, as amended
by the Amendment to Project Development Agreement dated May, 1997
(the "Original Agreement" ) , a copy of which is attached hereto as
Exhibit A, pertaining to the development and financing, by the
County, of hydroelectric power facilities to be located at Lock and
Dam No. 1 in the White River ( "Project 111 ) and leasing to the
County the lands described in Exhibit B hereto, together with
certain buildings and fixtures described in the Original Agreement;
and
WHEREAS, it is appropriate that the Original Agreement be
amended and, as amended, confirmed in order to assure that the
development and financing of Project 1 may proceed;
• NOW, THEREFORE, in consideration of the mutual covenants
and benefits herein exchanged and exchanged in the Original
Agreement and in consideration of the development and financing of
Project 1, and other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged, the
County and the City agree as follows :
Section 1 . The Original Agreement, as amended hereby, is
hereby confirmed and continued and the lease of the properties
described in Exhibit A, together with the buildings and fixtures
described and identified in and leased pursuant to the Original
Agreement , is hereby confirmed and continued.
The County and the City agree that in the event that it
is necessary that the Original Agreement be acknowledged, in order
that it be recorded or for other purposes, the Original Agreement
will be renewed and acknowledged as necessary.
Section 2 . Section 7 of the Original Agreement is hereby
amended by adding at the conclusion thereof the following:
"Notwithstanding the preceding sentence, the City
recognizes that it is expected that the County shall assign its
leasehold estate created hereunder to the holders of bonds to be
issued by the County for the purpose of financing the development
® of Project 1 or a trustee acting on behalf of such bondholders or
that the County shall mortgage its leasehold estate to such
parties . The right of the County to assign or mortgage its
leasehold estate is hereby confirmed. Further, it is recognized
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that holders of the proposed bonds, or a trustee acting on their
behalf, may enforce the obligations of the City set forth herein. "
Section 3 . Section 10 of the Original Agreement is
hereby amended by adding at the conclusion thereof the following:
"Notwithstanding the preceding sentence, the term of this
Agreement shall not exceed ninety-nine years from September 1,
2002 . "
IN WITNESS WHEREOF, the County and the City have entered
into this Second Amendment to Project Development Agreement as of
the day and year first above written, by their officers duly
authorized.
INDEPENDENCE COUNTY, ARKANSAS
ATTEST: By
County LTudg6
C ty Clerk
(SEAL)
CITY OF BATESVILLE, ARKANSAS
ATTEST:
By
Mayor
l 1 City Clerk -7
(SEAL)
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ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF )
On this 1� day of OCWL— 2002 , before me, a
Notary Public duly commissioned, qualified and acting within and
for the County and State aforesaid, appeared in person the within
named Joe Biard and Denise Johnston, Mayor and City Clerk of the
City of Batesville, Arkansas, to me personally known, who stated
that they were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf of
the City, and further stated and acknowledged that they had so
signed, executed and delivered the foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this day of 2002 .
--72j\
Not ry Public
My commission expires :
[TNICLK BASE&
(SEAL) NOTARY (
bon Emkm mi-w p
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• ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF INDEPENDENCE )
On this 0 day of ��, 2002 , before me, a Notary
Public duly commissioned, qualified and acting within and for the
County and State aforesaid, appeared in person the within named
David Wyatt and Margaret Boothby, County Judge and County Clerk,
respectively, of Independence County, Arkansas, to me personally
known, who stated that they were duly authorized in their
respective capacities to execute the foregoing instrument for and
in the name and behalf of the County, and further stated and
acknowledged that they had so signed, executed and delivered the
foregoing instrument for the consideration, uses and purposes
therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this 7"e., day of OZ&&C, , 2002 .
nZzymo�
Notary Public
My commission expires :
(SEAL)
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EXHIBIT B
CASEMENT No. ONE
DESCRIPTION
A tract of land being a part of Suction 21, South an(I west of White River, T 13N, F h W.
In the City of Batesville, Indepundance County, Arkansan, more Pfirtieu)ar)y descrit)ev
(1s follows:
Commencing at the south quarter t:orner (south of White 14iver) of said Section 2)1;
thence North 3299.5E1 feet;
thence Eact W.2i' feet to the paint of bE'9inning:
thence N 30'1! '17" W, 213.09 feet.;
thence N 86 '55'32" W. 249,96 feet;
thence N 00100' E, 440,86 feet to the right bank of White River;
thence alteng Said riPht bank the fullowing:
(( 26:30'2ti" E, 174,5,E fust;
11 20'45'551" E, 132,65 feet:
r+ 03'43'48" E. 97.62 feat:
6 00'43'48" E, 100,66 feat;
S 35.04'58" E, 127.2t feet:
!) 14'08'39" W, PO.51 fent:
S 15'07'35" E, 242.0 feitt:
thence 8 010 '40' W, 45,4 feet to t:hlf point of beginninq,
This tract. contains 1.83 acres, more or le8sn,
AGEMENT No. TWO
DESCRPTION
A tract Cf .land oeinq a part of the nortnfarlt quarter of 9eCtion 21 (north (1f .Vhite Rivgri ,
T 13 N. R 8 W in the City of Batesville, lndependencr County, Arkansas, mare p-1rticu!9r1y
deacribed as follows:
commencing at the northeast corner (north or white River) of Baia Section 21;
thence West 1337.85 fent:
thence South, 1726.74 feet to the point of heginning;
thence 5 U '05'47" E. 237.8 feet;
tnence 5 38 '00' E, 100.0 feet;
thance S 55133'45" W, 109. 15 feet;
thence N 34 '26' 15" W, 444.61 feet;
thence N 1.7 '59'30- W, 348.48 feet:
thence N 68:26:22" E, 50 43 feet;
thence S 27 '46'47" E, 142,91 feet;
thence 9 13 '44'27" E, 24,41 feet;
thance 6 29'36'41 " E, 35,$2 feet:
thance 5 38 '24'02" E. 1" 1.89 feel.:
thance N 49'24'31" E. 137.33 feet.;
thance N 44 '50'28" E, 1:11,4 feet to Chang yy [hive;
thence 9 58'10' 16" E along void (naney Drjve, 57, 16 feet;
thence 9 40133'49" W. 175,35 feet.;
thence S 64 '05'30" W, 139.85 feet. to the point of beginning,
This tract cantaine P, 14 acres, more or lean,
OROJECT DrVELOPMENT AGREFN%,P
BETWEEN
® THE COUNTY OF INDEPENDENCE, KANSAS EXHIBIT A
AND
THE CITY OF BATESVILLE, AR NSAS
FOR THE
WHITE RIVER LOCK AND DAM 1
HYDROELECTRIC PROJECT
This Agreement between the County of In pendence Arkansas
( "County") and the City of Batesville , Arkan s (City) for
development of the White River Lock and Dam . 1 Hydroelectric
Project is made this da of November, 1985 .
RECITALS
WHEREAS, the City has filed a license applic -ion before the
Federal Energy Regulatory Commission (FERC) develop a
hydroelectric project at the White River Loc and Dam No. 1 known
as FERC Project No. 4204 (Project 1 ) ; and
WHEREAS, the City is interested in pursuing velopment of the
Project in a manner that completely relieves he City of financial risk; aj
WHEREAS, the County has pending before the F C license applications
for hydroelectric projects at White River Lo and Dam Nos . 2 and 3 ,
FERC Project Nos. 4660 and 4659 , .rospectivel (hereinafter Projects
2 and 3, respectively) ; and
WHEREAS, the development of Project 1 will b fit power production
at Project 2 due to hydraulic impacts from m fication to flow
releases available from construction of a by oelectric project at
Lock and Dam No. 1; and
WHEREAS, the County is interested in develop all three of the
proposed White River Hydroelectric Projects 'make optimum use of
the water resources available for hydroelect development for
local benefit; and
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WHEREAS, the City is willing to cooperate wi -+the County to enable
development of a hydroelectric project at Lo !and Dam No. 1 for the
benefit of the County and the City.
i That subject to the terms and conditions her set out the City hereby
lets and leases ''unto the County that parcel land located in Indepen-
dence County, Arkansas , and generally referr to as Lock and Dam No. 1
and more particularly described ip k:xhibit A Cached hereto and made
a part hereof as though set out word for wor figure for figure , and
hereinafter referred to as Lock and Dam No. 1
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1 . 0 Project Development - The City agrees to allow the County
to use Lock and Dam No. 1 for the con truction and operation
of Project No. 1 on terms and conditi ns set forth in this
Agreement. All facilities developed y the County at the
Project will be owned by the County. The facilities owned
by the County will be the Project fac, lities to be con-
structed or added at Lock and Dam No. l as generally des-
dribed in the FERC license applicatio , as modified-11W the
September 1985 White River Lock and D m No. 1 Hydroelectric .
Project Feasibility Study including t e following :
1 . 1 A powerhouse and all equipment t erein.
1 . 2 Intake channel and tailrace chap el constructed by
the County.
1 .3 Any storage or maintenance build ngs required for the
Project which are constructed by the County.
1 . 4 All switchyard facilities within the fenced area
surrounding the switchyard, incl ding the fence, but
not .the land required for the sw tchyard.
1 .5 All transmission facilities from the powerhouse
to the point of interconnection ith the Arkansas
Power and Tight transmission sys em.
1 . 6 All recreation facilities requir d to be installed
or constructed by the County as requirement of
any license, permit or other app val required by
. the Federal or State government a condition of
the authorization for constructi operation and
maintenance of the project.
1 . 7 All spare parts and tools .
1 . 8 All telemetering equipment and o -site remote controls .
1 . 9 Maintenance and service vehicles ecessary for the
Project.
1 . 10 All capital improvements and bet rments required
over the term of the initial FER license and any
renewal thereof, except for any provements to the
dam or locks.
Nothing in this Agreement shall be co trued to infer that
the County has any ownership of any f ilities or land
required for the Project Hiat is owne by the City as of
the date of execution of this Agreeme
2 .0 County Responsibility for. Develo ment In accordance with
• Section 6.1 , herein, the County will. responsible for the
performance and cost of all efforts f licensing , permitting,
planning, financing , design, equipmen procurement, construction,
power marketing, operation and mainte nce of Project 1 . The
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County shall bear all costs and exposes connected with the
Project and the City shall incur no osts whatsoever unless
specifically agreed to be assumed by the City in this Agreement.
The County will assume the City 's costs for:
2 . 1 Payments to Resource Management International , Inc .
(RMI) as set forth in the July 1985 agreement between
RMI and the City for feasibilit3 studies and to Consul-
tant's Report in support of the sale of bonds for Project
1 in accordance with Section 6.3 of this Agreement.
2. 2 All costs in connection witIn eet 1 , including but
not limited to: bond counseother legal service
fees; planning; financing; ering; construction;
operation and maintenance oect 1 , incurred after
the date of execution of theement, unlessspecif•-
cally employed by the Count3 . 0 Project License 6 Permits - The grees to assign to theCounty its licenses , permits and approvals for develop-
ment of Project 1 to the extent such kssignment is needed
and legally permissible and allowable for purposes of
financing, construction and operation of Project 1 by the
County, provided the County and City ill not undertake actions
through assignment or transfer of the license if such transfer
or assignment jeopardizes the FERC li ense for Project 1 _ The
City will. cooperate with the County i timely efforts to continue
processing of the FERC license for th Project and in filing of
any additional applications for gover ant approvals needed for
development of Project 1 , to the exte that the City must con-
tinue to be applicant for such gover t approvals . Any costs
incurred for such licensing and permi Ing efforts shall be
borne by the County in accordance wit Section 6 .2.
4 . 0 Review of Project Plans - The City wi have the right to review
and comment on the plans for Project 1 out and configuration ,
transmission line routing and power ma eting, such comment to
• be provided on a timely basis . The C ty will provide payment
for documented incurred costs of such view and comment up to
the budget limits as set forth in Sect n 6 . 3 .
5.0 Project Agreements - The City and Coun agree to enter into such
other agreements needed for land right easements or other rights
necessary for development of Project 1 �n terms mutually agree-
able to the Parties, consistent with t terms of this Agreement .
The terms of any financing or other ag ? ments between the County
and any third party will provide for t assignees , bondholders ,
lienholders or other party who may sec rights to Project 1
• through agreement with the �County or t ugh default by the
County to assume all responsibilities obligations of the
County to the City under this agreement `
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6 .0 Compensation - In consideration of (a the City ' s ownership
" of White River Lock and Dam No. 1 , (b the rights of the
County to use the City' s FERC license or be the transferee
of said license, and (c) the City ' s a forts to pursue the
development of Project 1, the County ill compensate the
City as follows:
6. 1 Cost Reimbursement - The County ill, within sixty
(60) days after the closing of t e sale of bonds or
the final planning, design, equi ment procurement
and construction of Project 1 , m ke reimbursement- directly
to- the White River Heritage Cent r Board (Board) for
expenses incurred by the Board f r past costs of evaluation,
licensing and other expenses for Project 1 , however, said
payment to the Board shall not e Geed $50 , 000. The County
will also assume all costs pursu nt to Sections 2 . 1 and 2 . 2
of this Agreement.
6 . 2 Bond Issuance and Peri ting s - The County will assume
• all costs for the efforts necess ry for the issuance of
tax-exempt bonds for the Project and for any additional
permitting and licensing costs f r the Project, such
payment to be in addition to the payment for costs set
forth in Section 6 . 1 .
6 . 3 Review Costs Reimbursement - The County agrees to reimburse
the City ' s costs for review and mment on the County 's
plans for development of the Pr ct as described in
Section 4 , not to exceed an amou of $50 , 000. Payment
for such City costs will be on a eimbursement basis for
documented incurred costs . The ming for such reimburse-
ment will be based on a mutually pproved schedule between
the County and the City.
6 . 4 Project Operation_moment - Upon ommencement of commercial
operation of Project 1 , and unti final repayment and retire-
ment of all bonds issued for fin cing of the Projects such
Oterm,expected to expire approxim ly thirty years after
commencement of commercial opera on, the County will make
a payment to the City equal to t (10) percent of the flet
Revenue received from the sale o ower from all three of
the Projects. Following repayme and retirement of all
bonds for the Projects, the Coun
will make a payment to
the City equal to twelve (12) pe nt of the Net Revenue
received by the County from all ee Projects. Net Revenue
will be defined as the amount of mpensation received by
the County in addition to the An 1 Costs of the three
projects combined.,, with Annual C s as defined herein.
Contracts for the sale of power m the Projects are
proposed to provide for all costs f the Projects to be
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® reimbursed by the power purchas r, with benefits payments
beyond Project costs to be paid separately to the County .
Such benefit payments beyond Pr ject costs are to be con-
sidered Net Revenue which will e eligible for sharing
between the County and the City . Annual costs are to include
6 . 4 . 1 Annual net debt service osts; deducting all net
interest earnings on res rve and contifmwncy funds .
6 :4 .2 Cost of operating person el salaries , wages and
incurred salary, wage ani employee benefits related
costs for all full and prt-time employees assigned
to the Project.
6 . 4 . 3 Cost of Project supplies and materials not reim-
bursed from the proceeds of financing.
6 . 4 .4 Annual operating and mai tenance costs for vehicles
dedicated to the Project
6 . 4 .5 The cost of any station ower required for the
Project which is not pro i.ded by the Projects '
generators .
6 .4 .6 The cost of all permit, i.cense, or other annual
fees required by federal state and local govern-
ments for the operation f the Projects .
6 . 4 .7 Transmission wheeling or ther transmission costs,
including annual easeme fees, operation and
maintenance, and Basemen clearing and maintenance.
6 .4 .8 The cost of reporting to overnment agencies in
accordance with applicab permits and licenses
for the Projects .
6 .4 .9 All taxes acid assessment levied against the Projects .
6.4 .10 The annual costs of prov ing any environmental
mitigation measures requ ed to be performed by
the County :in accordance ith permits, licenses and
other government approva which authorize cocistruction
operation and maintenanc of the Projects .
6 . 4 . 21 All maintenance, repair d replacements of Project
equipment and structures ovi.ded that any capital
improvement or bettermen pf the Projects will be
accounted for, for purpo of compiling Annual /'
Cost, in accordance with a provisions of Section
6 . 5 of this Agreement.
6 . 4 . 12 The cost of defense agai and any payments required
by, legal actions or jud nts against the Projects
not covered by Project i ranee.
6 . 4 . 13 The cost of general liab' ty, property damage
iand any insurance requir. : by the power purchaser
to be carried as a condi n of the power sales
agreement.
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6 .4 . 14 The cost to the County o managing and administering
the Projects which are r imbursed by the power
purchaser as a condition of the power sales agree-
ment.
6 . 4. 15 All other documented Pro ect costs which are
reimbursed to the County by the power purchaser
as Annual Costs of the P ojects and otheY documented
Project annual costs con istent with prudent utility
practice .
6. 5 Capital Improvement and Betternt Costs - The County
may elect to apportion the cost of any major repair,
replacement, capital i.mprovemen or betterment (all
such costs are hereafter referr d to as Capital Improve-
ments) to the Projects over se v ral years for purposes
of establishing annual Project- oats. In the event the
County does not fund any Capit Improvement from
available Project revenue in a ingle year, the County
may select a term for annual a ovation of recovery
of the cost of such Capital Im ovement equal to the
shorter of (1) the useful .life f such improvement
in accordance with normal utili y practice or (b) the
time remaining on the license f r the Projects from
the date of completion of such pital Improvement.
Such computed annual costs for pital Improvements
will include the computed cost interest at the last
interest rate in effect for any utstanding bonds for
the Project unless the County t secure new financing
for such Capital Improvement, i which event the appli-
cable interest rate will be equ to the rate incurred
for such financing .
7 . 0 Assignment - Neither Paxty shall ass n its rights to this
agreement to another party without t written authorization
of the other Party to this Agreement
8 .0 Indemnification - County agrees to d end, indemnify, and
hold harmless the City, the City Cou il , officers , agents ,
and employees from any and all loss , amage , liability ,
claims , demands , costs, charges, and �tpenses , including
reasonable attorney fees and causes action of whatever
character which the City may incur, tain, or be subjected
to on account of County having enter into any contract or
on the account of loss or damage to perty or .loss of use
thereof, or for bodily injury to or th of any persons
arising out of the actions of County its officers, employees
or agents connected with the actions rformed hereunder.
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such indArri.fication shall exclude diges arising from th�
negligence, errors, or omissions of the City, its officers,
® agents, or employees, or of others. Further, such indemni-
fication will extend to any and all oases, claims, causes
of action, costs, charges or expenses related to Project
1 of whatsoever kind or nature unless the City has specifi-
cally and unequivocally assumed 'that liability under a
particular term of this agreement. Furthere the City shall
appear as a named insured on all pocies of insurace as i
its interest may appear.
9 . 0 Protection of Park - The County wil take all reasonable
actions available to it to protect e park adjacent to
the Project 1 site from (1) physica disturbance and (2)
access limitations to maintain publ use of such park
and related facilities during const ction and operation
of Project 1 .
10 . 0 Term of Agreement - This AgreementuL11 become effective
upon its execution by both Parties aid shall extend for the
full term of the license (s) granted y the Federal Energy
Regulatory Commission and all renewaLs or extensions of
such license (s) for Project 1 .
11 .0 There shall be no alterations or ch ges to the Dam, other
than those in keeping with the FERC icense or amendments
thereto which would affect any curre t or future use which
may be made of the impoundment- and/c Dam by the City
unless such change or alteration ha 11been specifically
agreed to in writing by the City. I L Dam and real property
shall be maintained by the County an the Dam and Real Property
shall be kept in good repair, and up n return to the City
shall be in good repair and conditi All facilities are
to be maintained and kept in good re air and if abandoned
by the County upon termination of th a Agreement shall be
in good, non-hazardous condition .
12 . 0 The County shall timely provide the ity with a complete
financial statement no less often th a once annually.
13.0 Payments to the City of Batesville a defined in Section 6. 4
will be made in one of the following ethods:
13 . 1 Within 10 days of each month-eni with adjustments
made within 60 days of the end i the fiscal year
for annualized costs or audit a ustments. 'Phe County
will render financial reports w h each payment.
13 .2 if Ow Power--Purchase Agreement ndates payments to
Independence County of net neve ues on a regular basih ,
• then the County shall render pa ment to the City within
5 days of receipt with such re rt as is available to .
the County, with adjustments male within 60 days of tie
end of the fiscal year for annuilized costs or audit
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adjustments. .�
14 . 0 Should the real property or any imp vements owned by the yity
and covered by this agreement ever subject to taxation luring
the term of this agreement the Count ( shall pay any tax ow4d
thereunder and same shall constitute a Project cost.
15 . 0 Liens: The County shall not cause no shall it permit any lien
other than a lien in favor of the b d holders as may be required
under the proposed bond issue, of w tsoever kind or nature ,
s
• to be placed upon the premises or pr >perty owned by the City,
16.0 Mitigation Rights. Should the Countr at any time receive
mitigation payments in connection wi h the projects, the miti-
gation payments will be considered a revenue to the projects
and will be distributed in accordanc with the provisions provid-
ing for net revenues payments to the City.
17. 0 Noticest All notices to the Partie ereto shall , unless other-
wise requested in writing, be sent t the County addressed [as
follows:
To the County: County Jud
Independen County
192 East M n Street
Batesville AR 72501
To the City: Mayor
City of; Ba sville
170 South urth Street
Batesville AR 72501
In witness whereof, the parties hereto ave executed this agreement
in duplicate the day and year first above ritten.
INDEPENDENCE COUNTY: CIT OF BATESVILLEt
BY _ By
D v Wyatt, C my .judge 5hirre 1, Mayor
Approved as to form: Ap ved a to form:
r <
.T. Skinner, Deputy Pros . Atty. n'M86;paQ216n, City Attorney
ATTEST: ATT T:
H a aret Boothb
g y, unty Clerk Lar iams, City,
Clerk;
AMENDMENT TO PROJECT DEVELOPMENT AGREEMENT
BETWEEN
THE COUNTY OF INDEPENDENC , ARKANSAS
AND
THE CITY OF BATESVILLE, ARKANSAS
FOR THE WHITE RIV LO D AM-NI HYDROELLCTRIC FROJECT
KNOW ALL MEN BY THESE PRESENTS:
Whereas, the County of Independence, Arkansas, ("County")
and the City of Batesville, Arkansas ( 'City") entered into a
project development agreement for the White River Lock and Dam
No. 1 Hydroelectric Project on or about the 25th day of
November, 1985; and
Whereas, the parties desire to am6nd said agreement and
reduce the terms of their amendment t writing.
Now therefore, the parties hereby gree as follows:
1. The parties readopt and reaffirm all terms of the
above described agreement entered int the 25th day of
November, 1985, except as amended her n and add thereto a new
Paragraph 18 which shall read as foll s:
18. The parties acknowledge at the County
plans a rehabilitation pro3ec in 1997 on Lock
and Dam No. 1. The county sh 1 proceed with
the rehabilitation project as ming acceptable
bids are received. Notwithst ding anything in
this entire agreement to the ntrary, the City
will not hold the county liab under any
provision of this agreement f damage to or
maintenance of the said Lock d Dam during the
period of time between the re bilitation and
contractor warranty period an the time the
proposed hydroelectric projec has begun.
•
' C' 11-1997 11 :31AM FROM SIERRA VISTA 2035234b2b
'97 12128 TO 20952. 25 FROM CITY QF SATESVILLE - T-511 P.02
Reasonable Insurance shall be required of the
engineer and contractor for the rehOilitation
project to cover the City and Count throwggh
the construction and warranty peri3s and tis
liability of the county to t1�e city ehall be
limited to the extent of said invurpnce.
Neither the City nor the County shall be
responsible for maintenance of the Lock and Dam
during the period of time between the
expiration of the warranty period of the
rehabilitation prqject and applicable insurance
coverage to the tiiae preparation for
construction of the hydroaleetric project hes
begun•
Tn witness whereof the parties hereto hove executed this
agreement in duplicate on this day of May 1997.
CITY OF SATESViLM INOEPENDZNCEICOUNTY, ARKANSAS:
SY: 8y r -2)
a ayorDavId WyEklt:t, County mUCT90
ATTESTED 9Y: ,ATTESTED BY;
n sw Jonnso r CLty Clerk r ars , County clorivy
APPR A To APPROVED ASI TO FORM:
r an r Orney Wesley J. Zr . , Deputy
ProRecutin Attorney
' 1997 11 31 AM FPOM SIERRA VISTA 209523ab2b
SLN 1; "Y7 12x28 TO 2095a. Z5 FROM CITY UF 9QTE5VILLE T--511 P.02
Reasonable insurance shall be required of the
engineer and contractor for the rehOilitation
project to Cover the City and Count througgh
the conatruction and Warranty period and tAe
liability of the county to the city shall be
limited to the extent of said insurance_
Neither the city nor the County shall be
responsible for maintenance of the Lock and Dam
during the period of time between the
expiration of the warranty period of the
rehabilitation pr ject and applicable insurance
coverage to the time preparation for
construction of the hydroalactric project has
begun.
In witness whereof the parties hereto have executed this
agreement in duplicate on this day of May 1997.
CITY OF SATESVILLE: INOEPENDENCEICODNTY, ARKANSAS-
By;
RKANSAS:ayt
e ayorDavid--Wyalfft, county jUdge
i
ATTESTRD 9Y: ATTESTED BY;
10
naw JQnn50ZV, Clty ClerKr are o riV
APPRA To APPROVED ASI
TO FORD'S:
C-7
TF17 Wesleyz, . . u4puty—
Proaec"Utin Attorney
I
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USED A'S L444DFILL Detu- rcr- gr"CLA ecq)zj.F-
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CKIST104r. POLE�S
MOLUMP 10,000 XTJA 'rVAU6FVa4jV
e.rry A it K AA= H1644 VOLTAGE "r-DW-E. r �l
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REMOVE EXKT. • 74*X SOT. F-L.Z I&
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EXHIBIT G-2 cn
OD PROJECT T%OVNnARY MAP
ry Z
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WHITE RIVER LOCK& nAM-NO.I
This drawing is a part of the HYDROELECTRIC PROJECT CD
-anPlIcalw%n for licence made by CD
Cl the uneersigni-d
this Z INDEPUMNEVCE COLIXTY,ARKANSAN OD
day,at,�r�, 1933. -u
6 M M HALLIWEI-L ASSOCVtiTFS.INC.
EAST Q
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