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6.1.B. - Page 22 <br /> unless Contractor has expended a minimum of $150,000 on deferred <br /> repairs and maintenance as described in the Survey or other repairs <br /> and maintenance. Survey work shall be the first priority for use of the <br /> funds until such work is completed. In the second and third fiscal <br /> years, Contractor shall become eligible for an additional $50,000 per <br /> fiscal year after Contractor has expended, in each fiscal year, at least <br /> $100, 000 on repairs and maintenance, making Survey work the first <br /> priority. In the fourth and final fiscal year, after Contractor has <br /> expended the remaining $50,000 from the Contractor's Capital Repair <br /> Fund, Contractor shall become eligible for the remaining amount of up <br /> to $50,000 from the County Repairs/Maintenance Fund. If Contractor <br /> expends funds in excess of its annual minimum in any one fiscal year, <br /> such excess amount shall be credited toward the minimum <br /> expenditures for the following fiscal year(s) during the term of the <br /> Third Amendment to the Services Agreement. Any unused County <br /> funds of up to $50,000 per year will be held by County in the County <br /> Repair/Maintenance Fund until such time as Contractor meets the <br /> respective expenditure requirements. Any banked funds left over from <br /> prior fiscal year(s) may be used by Contractor for maintenance and <br /> repairs after minimum expenditure requirements have been met by <br /> Contractor. The parties understand that all unexpended funds in the <br /> County Repair/Maintenance Fund at the expiration of the term of this <br /> Amendment, will be redistributed by County to County and Cities as <br /> appropriate. Each repair or maintenance item contained in the annual <br /> report is to be submitted with documentation as to the amount of funds <br /> actually expended for such item. Once the allotment becomes <br /> available, County agrees not to deny any reasonable <br /> repair/maintenance projects and expenditures kept within the $50,000 <br /> per year allotment. All repairs and maintenance performed or caused <br /> to be performed by Contractor pursuant to this Section 7 shall be <br /> ATTY/AGR/2011/AMENDMENTS/AMEND N0.3 ANIMAL CONTORL <br /> 060711 -19- <br />