5.4. ERMUSR 02-20-2007 - Laserfiche WebLink

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BROOHINGS-TWIN CITIES DEVELOPMENT PROJECT AGREEMENT its rights pursuant to the CapX 2020 Development Agreement. The Project Committee shall make a recommendation to the CMMPA Board regarding CMMPA's participation in the Transmission Project. The CMMPA Board shall consider the Development Project Committee's recommendation when determining whether to participate in the Transmission Project. The Participant's participation in the Transmission Project, including its entitlement and other related rights to the Transmission Project shall be addressed in a separate agreement with CMMPA known as the Brookings -Twin Cities Project Agreement. For purposes of this Agreement, the Participant's Election Share as set forth in Attachment 3 shall be subject to adjustment in accordance with Section 802 of this Agreement and in accordance with Attachment 3 of this Agreement. Section 203. Estimated Development Project Costs The Participant hereby approves the estimate of the Development Costs and allocable CMMPA costs that are included as Development Project Costs, which estimate has been developed by CMMPA based on information provided by the Development Manager. Participant acknowledges that such estimate may change from time to time. Such changed estimates are hereby approved by the Participant. Attachment 2 sets forth the current estimate of the Development Costs and allocable CMMPA costs prepared as of the date indicated. When substantial changes in estimated costs are anticipated, CMMPA shall deliver revised estimates of the Development Costs and allocable CMMPA costs to the Participant in advance of anticipated payments with the number of days of advancement being consistent with .that provided for in the CapX 2020 Development Agreement. Section 204. Development Project Decisions; Development Project Coordinating Committee (a) CMMPA shall have responsibility for decisions on behalf of the Participants with respect to all Development Project-related matters. Within the decision-making process, the individual needs and desires of the Participants within the Development Project shall be given consideration by CMMPA, consistent with the overall best interests of all Participants and CMMPA's requirements, obligations or covenants pursuant to the Bond Resolution, Development Project Agreements, other legal requirements, or other instruments relating to the Development Project or other projects of CMMPA. (b) A Development Project Coordinating Committee shall be established, consisting of one representative appointed by each of the Participants, one member of the CMMPA Board of Directors and one staff person of CMMPA, both appointed by the CMMPA Board of Directors. The Development Project Coordinating Committee will meet as necessary to discuss the administration of the Development Project and will make recommendations to CMMPA regarding the decisions to be made about the Development Project, including the decision regarding whether to participate in the Transmission Project upon completion of Development Work. The Development C:\Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 14 clean.doc