05-17-17 JDA Agenda Packet - Laserfiche WebLink

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3 (g) With regard to those portions of the “TCAAP Groundwater Remediation System” (“TGRS”), owned and operated by the United States Army (“Army”), and located within the TCAAP Site, the Parties and the County are anticipating delivery from the Army in July 2017 of a study to optimize the remedies of the contamination in the groundwater of the TCAAP Site (the “Study”). The Study may result in changes to the TGRS. The Parties recognize and agree that if the Study is not released by July 15, 2017, the schedule under this Agreement may be impacted and the Parties will negotiate in good faith to revise the schedule as required. Upon release of the Study and agreement between the Parties on a revised schedule: i. The County will authorize KH to make required revisions, based on the Study, to the civil engineering design and plans and specifications described in (e) above; and ii. the Developer will authorize Alliant or Developer’s Engineer to make required revisions, based on the Study, to the civil engineering design and plans and specifications described in (f) above. 3. Acknowledgement. The County and the Developer desire and intend to enter into this Amendment No. 2 to engage design and civil engineering services to enable the pre-development process to proceed timely, recognizing, however, that this Agreement, as amended, and the performance of its terms and conditions and the covenants and agreements shall not be interpreted or construed as establishing any obligation or expectations on either the County or the Developer with respect to the TCAAP Site, the Contract or the Purchase Agreement, except as expressly stated in this Agreement. 4. Reference to and Effect on the Agreement. (a) Upon the effectiveness of this Amendment No. 2, each reference in the Agreement to the “Agreement,” “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Agreement shall mean, and be a reference to the Agreement as amended hereby. (b) Except as specifically set forth herein, the Agreement remains in full force and effect and is hereby ratified and confirmed. (c) Wherever there exists a conflict between this Amendment No. 2 and the Agreement, the provisions of this Amendment No. 2 shall control. 5. Governing Law. This Amendment No. 2 shall be governed by and construed in accordance with the laws of the State of Minnesota. 6. Headings. Section headings in this Amendment No. 2 are included herein for convenience of reference only and shall not constitute a part of this Amendment No. 2 for any other purpose.