1998-177-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 16TH DAY
RESOLUTION NO. 98-177
WHEREAS, the City Council of the City of Paris did heretofore, on the 16th day of
September, 1998, in Resolution No. 98-141, authorize the execution of a Water Supply
Agreement with Panda Paris Power, L.P. (Panda); and,
WHEREAS, paragraph 13 of Schedule 5 of said Agreement contains an error, and it is
deemed appropriate that the same be corrected; and,
WHEREAS, the form of Addendum Number One to the Water Supply Agreement,
attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Charles H.
Neeley, should be authorized the execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that
Addendum Number One to the Water Supply Agreement with Panda Paris Power, L.P., attached
hereto as Exhibit A, be, and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be, and he is
hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number
One to the Water Supply Agreement, under the terms and conditions and in the form shown in
Exhibit A, attached hereto.
PASSED AND ADOPTED this 14th day of Decel ber, 1998.
a~d
Charles H. Neeley, Mayor
ATTEST:
.~
~~~\.I~1
Mattie Cunningham, City Cler
APPROVED AS TO FORM:
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Scott P. Foster, City Attorney
ADDENDUM NUMBER ONE TO WATER SUPPLY AGREEMENT
DATED SEPTEMBER 16,1998, BETWEEN PANDA PARIS POWER, L.P.
AND THE CITY OF PARIS, PARIS, TEXAS
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS, that this "Addendum Number One to Water
Supply Agreement dated September 16, 1998, between Panda Paris Power, L.P. and the City of Paris,
Paris, Texas," is made this 14th day of December, 1998, by and between the CITY OF PARIS,
PARIS, TEXAS, acting by and through its Mayor, Charles H. Neeley, duly authorized, hereinafter
called CITY, and PANDA PARIS POWER, L.P., a Delaware limited partnership, acting by and
through the authorized official whose signature appears below, hereinafter called PANDA.
WITNESSETH
It is hereby mutually agreed by and between CITY and PANDA that paragraph 13 of
Schedule 5 be amended so that such shall read as follows:
"13. Capital Expenditures Without the Issuance of Debt: Any capital expenditures by the
City (other than as financed by debt as contemplated by Item 10 herein above) directly
incurred to repair or improve the Water Supply Facilities. When Panda's pro rata
share of a capital expenditure exceeds five percent (5%) of Panda's annual cost of
Raw Water for the previous year ($25,000 for the first year of operations), such pro
rata share will be amortized over a period of ten to twenty years as agreed to by the
Parties (as such pro rata share is calculated pursuant to this Item and Item 4 in
"Calculations" below). The Parties recognize that, in the event any such capital
expenditure were to be incurred by the City in regard to the pipeline, the capital
expenditure would be covered by Item 12 herein, subject to the provisions of the
immediately preceding sentence."
EXECUTED on the 14th day of December, 1998.
CITY OF PARIS, PARIS, TEXAS,
By:
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
r.XH1BjT A
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
WITNESS:
By:
PANDA PARIS POWER, L.P.
by PANDA PARIS I
(its general partner)
Name:
Title: