Amendment One to Project Agreement Sheridan Supplemental StorageRN022620/F
AMENDMENT ONE TO PROJECT AGREEMENT
SHERIDAN SUPPLEMENTAL STORAGE
1. Parties. This Amendment is made and entered into by and between the State of Wyoming,
acting by and through the WYOMING WATER DEVELOPMENT COMMISSION
(COMMISSION), whose address is: 6920 Yellowtail Road, Cheyenne, WY 82002; the
CITY OF SHERIDAN, Sheridan County, Wyoming, a duly organized municipality
existing under the laws of that state, whose address is: CITY OF SHERIDAN, 55 East
Grinnell Plaza, Sheridan, WY 82801; and the SHERIDAN AREA WATER SUPPLY
JOINT POWERS BOARD, Sheridan County, Wyoming, a duly organized joint powers
board existing under the laws of that state, whose address is: SHERIDAN AREA WATER
SUPPLY JOINT POWERS BOARD, 224 South Main Street, Suite 428, Sheridan, WY
82801 [hereinafter referred to jointly as SPONSOR].
2. Purpose of Amendment. This Amendment shall constitute the first amendment to the
Project Agreement between the COMMISSION and the SPONSOR. The purpose of this
Amendment is to effectuate 2020 Wyo. Sess. Laws, modifying the PROJECT by extending
the reversion date of unexpended funds.
The original Project Agreement, dated July 21, 2015 was to implement the provisions of
2015 Wyo. Sess. Laws, Ch. 23, authorizing the acquisition of shares of ownership in Park
Reservoir located in Sheridan County.
3. Term of the Amendment. This Amendment shall commence upon the date the last
required signature is affixed hereto (Effective Date), and shall remain in full force and
effect through the term of this Project Agreement, as amended, unless terminated at an
earlier date pursuant to the provisions of the Project Agreement, or pursuant to federal or
state statute, rule or regulation.
4. Amendments.
A. Reversion of Unexpended Funds. The reversion date for unexpended funds as set
forth in Section 4.K. of the original Project Agreement is hereby amended to read
as follows:
"4.K. The SPONSOR shall complete the PROJECT no later than the
reversion date of July 1, 2025 and shall have settled all claims and
paid all PROJECT expenses by that date. No funds will be paid by
the COMMISSION after the reversion date specified and the
SPONSOR shall be solely responsible for payment of any expenses
incurred or claims received after said date."
Amendment One To Project Agreement
Between Wyoming Water Development Commission, City of Sheridan,
and the Sheridan Area Water Supply Joint Powers Board
Sheridan Supplemental Storage
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RN022620/F
5. Special Provisions.
A. Same Terms and Conditions. With the exception of items explicitly delineated
in this Amendment, all terms and conditions of the original Project Agreement
between the COMMISSION and the SPONSOR, including but not limited to
sovereign immunity, shall remain unchanged and in full force and effect.
B. Counterparts. This Amendment may be executed in counterparts. Each
counterpart, when executed and delivered, shall be deemed an original and all
counterparts together shall constitute one and the same Amendment. Delivery by
the SPONSOR of an originally signed counterpart of this Amendment by PDF shall
be followed up immediately by delivery of the originally signed counterpart to the
COMMISSION.
C. Return of Executed Amendment to Commission. The SPONSOR shall not
execute any agreements or incur any project costs that are covered under this
Amendment until this Amendment is fully executed and returned to the
COMMISSION.
6. General Provisions.
A. Entirety of Agreement. The original Project Agreement, consisting of six (6)
pages; and this Amendment One, consisting of three (3) pages, represent the entire
and integrated agreement between the parties and supersede all prior and
contemporaneous negotiations, representations and agreements, whether written or
oral.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
Amendment One To Project Agreement
Between Wyoming Water Development Commission, City of Sheridan,
and the Sheridan Area Water Supply Joint Powers Board
Sheridan Supplemental Storage
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RN022620/F
7. Signatures. The parties to this Amendment, through their duly authorized representatives,
have executed this Amendment on the dates set out below, and certify that they have read,
understood, and agreed to the terms and conditions of this Amendment.
The Effective Date of this Amendment is the date of the signature last affixed to this page.
WYOMING WATER DEVELOPMENT COMMISSION
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Chairman
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CITY OF SHERIDAN
Cecilia Good, City Clerk
SHERIDAN AREA WATER SUPPLY JOINT POWERS BOARD
Roger Killer, Chairman
ATTORNEY GENERAL'S OFFICE: APPROVAL AS TO FORM
, Assistant Attorney General
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Amendment One To Project Agreement
Between Wyoming Water Development Commission, City of Sheridan,
and the Sheridan Area Water Supply Joint Powers Board
Sheridan Supplemental Storage
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