Conewago Township Main Extension Amendment 1









EXHIBIT 10.15










AMENDMENT
NUMBER 1 TO

AGREEMENT
DATED

SEPTEMBER
22, 1998







THIS
AMENDMENT dated the 14th day of March, 2003, by and between THE YORK WATER
COMPANY, a corporation organized and existing under the laws of the Commonwealth
of Pennsylvania, having the principal office in the City of York, York County,
Pennsylvania, hereinafter called “Water Company,” 

 

- AND
-




CONEWAGO
TOWNSHIP, a municipal corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, having its principal office in the Township of
Conewago, York County, Pennsylvania, hereinafter called “Conewago,”

 

W I T N E
S S E T H :




WHEREAS,
the parties hereto entered into an Agreement dated September 22, 1998 for the
purpose of establishing a water district for the residents of Conewago Township;
and




WHEREAS,
the water district described in the Agreement dated September 22, 1998 is
delineated on a plan identified as Exhibit “A” to that Agreement;
and




WHEREAS,
Conewago would like to expand the water district to include an additional area;
and




WHEREAS,
Water Company is willing to have the district expanded and to provide service
where it is economically and hydraulically possible; and




WHEREAS,
the parties desire to amend the Agreement dated September 22, 1998 to express
intent with respect to the expansion of the geographical area encompassed in the
water district.




NOW,
THEREFORE, in consideration of mutual promises contained herein, and intending
to be legally bound hereby, the parties agree as follows:







1. The
parties agree that Exhibits A and B attached hereto describe the additional area
to be included in the Conewago Water District.




2. Conewago
Township agrees to pay Six Hundred Forty-one Thousand Eight Hundred Seventy
($641,870) Dollars to cover the necessary estimated construction costs of
extending the Water Company’s mains into the additional area of the Conewago
Township Water District. The Water Company shall give an advanced customer
credit of Four Hundred Ninety-seven Thousand One Hundred Thirty ($497,130)
Dollars (146 customers times $3,405).























 

 

3. The
amount of the deposit, or any part thereof required to be paid by Conewago may
be borrowed from Water Company, and shall thereafter bear interest thereon
payable to Water Company at the Company’s short-term interest rate (3 months
Libor plus 100 basis points) per annum. Such applicable interest rate as
hereinbefore defined is hereinafter referred to as the “Township Interest Rate”
and shall be paid quarter-annually. Further, during the term of this Agreement
if such interest due Water Company shall not remain income tax free to Water
Company, the “Township Interest Rate” shall be increased by 3.75% per
annum.

 


4. Said loan
or loans shall be secured to Water Company by the execution and delivery by
Conewago of this Agreement; provided, however, that any such loan and this
Agreement shall not be considered as constituting a pledge or credit of the
taxing power of Conewago Township, nor the creation of debt, nor a lien against
the real property of Conewago, nor a charge against the general revenues of
Conewago as to interfere in any manner with the present or future borrowing
capacity of Conewago, nor shall any such loan or this Agreement take priority
over the rights of any party presently or in the future making loans from time
to time to Conewago; subject, however, to the following provision: any
obligation of Conewago so incurred under this Agreement shall be a lien upon and
payable only from such surcharges, application fees, customers, advances for
construction, contributions in aid of construction, and refunds as are referred
to in this Agreement or required by the terms thereof or as may be provided for
or created by Conewago in addition to those required by this Agreement. The lien
of any Water Company Loan shall be subordinate to the Bank Loan.

 


5. If there
is a Water Company Loan, Conewago agrees to repay the principal of Water
Company’s loans and all interest due thereon in accordance with this Agreement,
and any amendment or supplement thereto. If Conewago Township does borrow money
from Water Company, the loan will be repaid to Water Company by applying the
surcharges and refunds to the outstanding balance of such loan(s). Upon
repayment of Water Company’s loan(s), any surcharges and refunds will be
forwarded to Conewago.




6. Conewago
Township agrees to adopt an appropriate “Required Hook Up” Ordinance and to
maintain and enforce the same during the entire period during which this
Agreement shall remain in force. A copy of the “Required Hook Up” Ordinance is
attached hereto, made a part hereof and marked Exhibit C.




7. The
parties agree that all other terms and conditions set forth in the Agreement
dated September 22, 1998 shall remain in full force and effect.




IN
WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.

 



	 
      ATTEST:
	 	 	 
      THE
      YORK WATER COMPANY

	/s/Jeffrey R.
      Hines 	 	 	/s/Jeffrey S.
      Osman
	Jeffrey
      R. Hines	 	     	Jeffrey S. Osman
	Secretary	 	 	President






 


	 
      ATTEST:
	 	 	 
      CONEWAGO
      TOWNSHIP

	/s/Lou Anne Bostic 	 	 	/s/Rickie L. Fink
	Lou Anne Bostic	 	 	Rickie L. Fink
	Secretary	 	 	
      Chairman
      of the Board of Supervisors





 




















 

 

EXHIBIT
"A"

 

Map of Area

 

 

EXHIBIT "B"

 

Description 

Conewago Township

Water District No. 2

 

Beginning at a point in Conewago Township on the
Little Conewago Creek, being the boundary line between Manchester Township and
Conewago Township at the intersection of the Susquehanna Trail (SR 0295); thence
generally southwestwardly following said Townships' boundary line to a point at
the intersection of Bull Road (aka Roosevelt Avenue), thence generally
northwestwardly along Bull Road (being the boundary line between Conewago
Township and Dover Township) to a point one thousand (1000) feet northwest of
the intersection of Canal Road with Bull Road; thence generally northeastwardly
to a point one thousand (1000) feet northwest of Canal Road and one
thousand (1000) feet southwest of Lewisberry Road; thence parallel to, and one
thousand (1000) feet southwest of, the center line of said Lewisberry Road in a
generally northwestwardly direction to a point one thousand (1000) feet
northwest of the intersection with Jug Road; thence in a generally
northeastwardly direction, parallel to said Jug Road a distance of two thousand
(2000) feet; thence parallel to , and one thousand (1000) feet northeast of, the
centerline of said Lewisberry Road in a generally southeastwardly direction to a
point one thousand (1000) feet northwest of Butter Road; thence in a generally
northeastwardly direction, parallel to said Butter Road to a point of
intersection with Witmer Road; thence parallel to and one thousand (1000) feet
west of the centerline of Copenhafer Road in a southeastwardly direction to a
point on the Little Conewago Creek and place of
Beginning.